Wakilii

Ababou v People's Democratic Republic of Algeria (Application No. 002-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 27 · 2011 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for direct access to the African Court on Human and Peoples' Rights by an individual against a State Party
Decision
Application dismissed for lack of jurisdiction and matter transferred to the African Commission on Human and Peoples' Rights

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that it lacked jurisdiction to receive an application filed directly by an individual against Algeria because Algeria had not made the special declaration required under Article 34(6) of the Protocol accepting the Court's competence to receive cases under Article 5(3). Direct access by individuals is conditional upon such a declaration. The Court transferred the case to the African Commission on Human and Peoples' Rights.

Outcome

Application dismissed for lack of jurisdiction and matter transferred to the African Commission on Human and Peoples' Rights

Facts

On 20 February 2011, Soufiane Ababou, an Algerian national residing in Algeria, filed an application with the African Court on Human and Peoples' Rights against Algeria concerning his forceful conscription into the Algerian army. He acted through his representative, Youssef Ababou. The Registry acknowledged receipt on 18 March 2011 and requested additional documentation. On 25 March 2011, the applicant submitted a signed copy and information on exhaustion of local remedies. The Court inquired whether Algeria had made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive applications directly from individuals. On 13 June 2011, the Legal Counsel of the African Union Commission confirmed that Algeria had not made such a declaration.

Issues

  1. Whether the Court has jurisdiction to receive an application directly from an individual against a State Party that has not made a declaration under Article 34(6) of the Protocol accepting the Court's competence to receive such cases.

Orders

  • Application declared inadmissible for lack of jurisdiction.
  • Case transferred to the African Commission on Human and Peoples' Rights in accordance with Article 6(3) of the Protocol.

Rules and key headnotes

Human Rights — Jurisdiction — African Court on Human and Peoples' Rights — Direct Access by Individuals
Direct access to the African Court on Human and Peoples' Rights by an individual against a State Party is subject to the State making a special declaration under Article 34(6) of the Protocol accepting the Court's competence to receive cases under Article 5(3).
Administrative Law — Jurisdiction — Conditions Precedent — Special Declaration Requirement
Where a State Party has not made the declaration required under Article 34(6) of the Protocol, the African Court manifestly lacks jurisdiction to receive applications filed directly by individuals against that State.
Human Rights — Remedies — Transfer of Cases — African Commission on Human and Peoples' Rights
Where the African Court lacks jurisdiction to receive an application, it may transfer the case to the African Commission on Human and Peoples' Rights under Article 6(3) of the Protocol.

Legislation cited (7)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(3)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(3)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Rules of Court Rule 8(2)
  • Rules of Court Article 34(1)(2)
  • Rules of Court Article 34(4)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ababou v People's Democratic Republic of Algeria (Application No. 002-2011) [2011] AfCHPR 27 (16 June 2011)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.