Africa Legal Aid v the Gambia (Communication 209 of 1997)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission on Human and Peoples' Rights declared the communication inadmissible for failure to exhaust local remedies as required by Article 56(5) of the African Charter. The complainant alleged arbitrary detention of Mr Lamin Waa Juwara by The Gambia without charge or trial, but the Commission found the requirement for exhaustion of local remedies had not been satisfied.
Outcome
Communication dismissed for non-exhaustion of local remedies
Facts
Africa Legal Aid, an NGO with observer status, submitted a communication on behalf of Mr Lamin Waa Juwara, a Gambian national. Mr Juwara left his house on 1 February 1996 and did not return. His wife learned through newspaper reports the following day that he had been detained. She was told he had been transferred to Upper River Division prison. Mr Juwara had been an independent candidate in legislative elections before the 1994 military coup and had been arrested several times since the coup. The complainant alleged he had not been charged or brought before a court. During the Commission's 23rd Session in April 1998, the Respondent State informed the Commission that Mr Juwara had been released, and the Commission suspended its decision pending verification.
Issues
- Whether the communication should be declared admissible despite non-exhaustion of local remedies where the complainant alleges the detainee was never charged or brought before a court.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (5)
- African Charter on Human and Peoples' Rights Article 6
- African Charter on Human and Peoples' Rights Article 9(1)
- African Charter on Human and Peoples' Rights Article 9(2)
- African Charter on Human and Peoples' Rights Article 56(5)
- International Covenant on Civil and Political Rights Article 5
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.