Wakilii

Amare and Another v Republic of Mozambique (Application No. 005-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 51 · 2011 Application Dismissed — No Jurisdiction AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Individual application to African Court on Human and Peoples' Rights alleging human rights violations by Mozambique immigration officials
Decision
Application dismissed for lack of jurisdiction and 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 lacks jurisdiction to hear applications brought by individuals against a State Party that has not deposited the declaration accepting the Court's competence under Article 34(6) of the Protocol. The Republic of Mozambique had not deposited such a declaration. The Court transferred the matter to the African Commission on Human and Peoples' Rights under Article 6(3) of the Protocol.

Outcome

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

Facts

In November 2008, the applicants obtained passports, visas and air tickets to travel to Maputo, Mozambique via Nairobi, Kenya. They transited from Ethiopian Airlines to a Mozambique Airlines flight. The flight landed in Pemba, Mozambique instead of Maputo, where they were stranded for 26 days. During this period, Mozambique immigration officials allegedly subjected them to hardships including demands for bribes, confiscation of passports and visas, robbery of $1000, torture, and deportation to Dar-es-Salaam, Tanzania. After intervention by Tanzanian immigration officials, they were returned to Pemba but subsequently repatriated to Ethiopia. The applicants sought redress from the African Court on Human and Peoples' Rights.

Issues

  1. Whether the African Court on Human and Peoples' Rights has jurisdiction to hear an application brought by individuals against a State Party that has not deposited a declaration under Article 34(6) of the Protocol.

Orders

  • The Court has no jurisdiction to hear the case instituted by Daniel Amare and Mulugeta Amare against the Republic of Mozambique.
  • The application is transferred to the African Commission on Human and Peoples' Rights.

Rules and key headnotes

Human Rights — Jurisdiction of African Court — Individual Applications — State Declaration Requirement
The African Court on Human and Peoples' Rights may not receive cases brought by individuals under Article 5(3) of the Protocol involving a State Party which has not made a declaration accepting the competence of the Court to receive such cases under Article 34(6) of the Protocol.
Administrative Law — Judicial Review — Transfer of Matters — African Court to African Commission
Where the African Court on Human and Peoples' Rights lacks jurisdiction to hear a matter but the allegations raise issues appropriate for consideration by the African Commission on Human and Peoples' Rights, the Court may transfer the matter to the Commission under Article 6(3) of the Protocol.

Full judgment

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

Amare and Another v Republic of Mozambique (Application No. 005-2011) [2011] AfCHPR 51 (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.