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Uganda decisions
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Ndagijimana v Tanzania (Application No. 024/2019) [2019] AfCHPR 37 (26 September 2019)
The African Court dismissed Jean de Dieu Ndajigimana’s request for provisional measures as moot after confirming that he had already been released to Rwanda.
Echaria v Kenya (Communication 375 of 2009) [2011] ACHPR 89 (5 November 2011)
The African Commission found that the applicant had exhausted all mandatory local remedies by pursuing her case to the Kenyan Court of Appeal, the highest judicial authority. Discretionary remedies such as review applications and quasi-judicial avenues were not required to be exhausted. However, the Commission determined that the thirty-one month delay between exhaustion of local remedies and submission of the communication was unreasonable, as no compelling explanation was provided for the delay. The Commission held that, in the absence of a prescribed period in the African Charter, reasonab…
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Zitha and Another v Republic of Mozambique (Communication 361 of 2008) [2011] ACHPR 93 (3 March 2011)
The African Commission determined that enforced disappearance is a continuing violation, thus establishing its competence ratione temporis to consider the communication. However, the Commission found that the applicants did not sufficiently attempt to exhaust available judicial remedies in Mozambique, as required by Article 56(5) of the African Charter. The measures taken by the second victim, such as contacting political figures and international organizations, did not constitute judicial or institutionalized administrative remedies. Furthermore, the Commission held that the communication wa…
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