The African Court dismissed a request for provisional measures by two Malian judicial officers, finding no proven urgency, extreme gravity, or irreparable harm.
The Court found that the applicants had not exhausted all available and effective local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. Specifically, the applicants failed to pursue cassation appeals before the Supreme Court in certain domestic proceedings, and in one instance, the Supreme Court's decision post-dated the filing of the application before the African Court, rendering the application premature. The Court reaffirmed that exhaustion of local remedies is assessed at the date of filing and that admissibility requirements are cumulative.…
The Court found that the applicants were sufficiently identified by the list of names provided, satisfying the requirement under Article 56(1) of the Charter and Rule 50(2)(a) of the Rules. However, on the issue of exhaustion of local remedies, the Court determined that the applicants did not pursue all available judicial remedies in Mali. Specifically, after adverse decisions from the Court of Appeal and the Sikasso Labour Court, the applicants did not appeal to the Supreme Court as provided for under Malian law. The Court held that the applicants' recourse to non-judicial remedies, such as…
Union Nationale Des Syndicate Autonomes Du Senegal v Senegal (Communication 226 of 1999) [2000] ACHPR 28 (6 November 2000)
Court
African Commission on Human and Peoples Rights
Case number
Communication 226 of 1999
The African Commission held the complaint inadmissible because the union had not exhausted available domestic remedies before filing the communication.