Uganda Case Law

Ali and Another v Republic of Tunisia (Application No. 009/2023)

Ali and Another v Republic of Tunisia (Application No. 009/2023) [2024] AfCHPR 16 (3 September 2024)

Court

African Court on Human and Peoples Rights

Case number

Application No. 009/2023

Judge

Adjei J, Anukam J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court held that it has material, personal, temporal, and territorial jurisdiction over the application, as Tunisia ratified the relevant instruments and deposited the required declaration. The objection based on sovereignty was dismissed, reaffirming that international obligations prevail over domestic claims of non-interference. However, the Court found that the applicants had not exhausted local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since their cassation appeal regarding their detention and committal was still pending before the domestic co…

Source excerpt

• Right To Liberty
• Pre Trial Detention
• Exhaustion Of Local Remedies
• Sovereignty Vs International Obligations
• Right To Fair Trial
• Freedom Of Expression