Mahmoudi v Republic of Tunisia (Application No. 007/2012) [2012] AfCHPR 4 (26 June 2012)
Court
African Court on Human and Peoples Rights
Case number
Application No. 007/2012
The African Court held it lacked jurisdiction over Baghdadi Ali Mahmoudi’s application against Tunisia because Tunisia had not made the Article 34(6) declaration, and it could not grant interim measures.
The African Court struck out Emmanuel Joseph Uko and Others v South Africa for lack of jurisdiction because South Africa had not made the Article 34(6) declaration.
The African Court on Human and Peoples' Rights manifestly lacks jurisdiction to receive the application submitted on behalf of Amir Adam Timan against the Republic of the Sudan because Sudan has not made the declaration required under Article 34(6) of the Protocol. Article 5(3) entitles individuals to institute cases directly before the Court only if the respondent State has deposited such a declaration. The Court confirmed with the African Union Commission that Sudan has not made this declaration. Therefore, the Court cannot receive or examine the application, and it must be struck out from…
