Wakilii

African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Order) (Application No. 004-2011)

African Court on Human and Peoples' Rights · [2013] AfCHPR 32 · 2013 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures alleging serious and massive human rights violations, struck out for failure to prosecute
Decision
Application struck out for failure to prosecute

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 struck out an application brought by the African Commission alleging serious and massive human rights violations by Libya. The applicant failed to file its reply within the extended deadline of 31 August 2012, instead requesting an indefinite extension. The applicant also failed to respond to the respondent's request to drop the case after the respondent government ceased to exist. The Court found the applicant had failed to pursue the application.

Outcome

Application struck out for failure to prosecute

Facts

On 3 March 2011, the African Commission on Human and Peoples' Rights filed an application against Libya alleging serious and massive violations of human rights under the African Charter. The Court issued provisional measures on 25 March 2011. The respondent filed its response on 8 June 2011. The applicant requested multiple extensions of time to file its reply, the final deadline being 31 August 2012. On 2 May 2012, the respondent requested the case be dropped as the respondent government no longer existed. On 28 August 2012, the applicant requested the matter be stood down indefinitely to permit gathering of evidence. The applicant failed to file its reply by the deadline and failed to respond to the respondent's request to drop the case.

Issues

  1. Whether the application should be struck out for failure by the applicant to file its reply within the extended time and to pursue the application.
  2. Whether the application should be struck out following the respondent's request to drop the case on grounds that the respondent government no longer exists.

Orders

  • Application struck out.

Full judgment

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

African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Order) (Application No. 004-2011) [2013] AfCHPR 32 (15 March 2013)
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.