Wakilii

Ayed v Tunisian Republic (Application No. 008-2019)

African Court on Human and Peoples' Rights · [2025] AfCHPR 10 · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging human rights violations arising from the handling of a criminal complaint by Tunisian prosecutorial authorities
Decision
Application dismissed as inadmissible for failure to exhaust local remedies

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 dismissed the Respondent State's objection to material jurisdiction, holding that it has jurisdiction to hear cases alleging violations of rights protected by the African Charter and other ratified human rights instruments. However, the Court upheld the objection to admissibility based on non-exhaustion of local remedies, finding that the Applicant failed to pursue available remedies under Tunisian law, including the right to request an investigation or summon the accused directly before the court of first instance under Article 36 of the Code of Criminal Procedure. The Application was declared inadmissible.

Outcome

Application dismissed as inadmissible for failure to exhaust local remedies

Facts

The Applicant, a Tunisian national and security officer, lodged a criminal complaint on 14 July 2017 with the Public Prosecutor at the Ariana Court of First Instance against a public official, Al-Fadhel bin Al-Amin Al-Obeidi, alleging fraud. The Applicant claimed the official had promised to secure him employment as a secondary school teacher in exchange for 2,000 Tunisian dinars. After being interviewed by police in October 2017, the Applicant submitted multiple requests for updates to the Tunis Court of Appeal Public Prosecutor in March 2018, the Inspector General of the Ministry of Justice in April 2018, and the Public Prosecutor of the Cassation Court in September 2018. He received no substantive response or action on his complaint. In October 2019, he was informed that his complaint had been forwarded to the Ibn Arous Governorate Court of First Instance in February 2018. The Applicant filed this Application with the African Court in February 2019, alleging violations of multiple rights under the African Charter and other human rights instruments.

Issues

  1. Whether the Court has material jurisdiction to hear allegations that do not constitute human rights violations within the meaning of the African Charter.
  2. Whether the Applicant exhausted local remedies before filing the Application with the African Court.

Orders

  • Objection based on material jurisdiction dismissed.
  • Court has jurisdiction.
  • Objection to admissibility based on non-exhaustion of local remedies upheld.
  • Application declared inadmissible.
  • Each party to bear its own costs.

Rules and key headnotes

Jurisdiction of the African Court — Material Jurisdiction — Scope of Human Rights Violations
The African Court on Human and Peoples' Rights has material jurisdiction to hear all cases alleging violations of rights protected by the African Charter, the Protocol, or any other human rights instrument ratified by the State concerned, and the question of whether alleged violations have been substantiated cannot be determined at the jurisdictional stage.
Admissibility — Exhaustion of Local Remedies — Available and Effective Remedies
Local remedies which an applicant is required to exhaust must be judicial remedies that are available without let or hindrance and effective in the sense that they are capable of satisfying the complainant, and the requirement seeks to afford the respondent State the opportunity to address allegations within its jurisdiction before an international human rights body determines the State's responsibility.
Exhaustion of Local Remedies — Right of Injured Party to Initiate Proceedings
Where domestic law permits an injured party to request that a case be referred for investigation or to bring the case directly before the court of first instance if the Public Prosecutor fails to prosecute, the injured party must exhaust these remedies before filing an application with an international human rights court, and failure to do so renders the application inadmissible for non-exhaustion of local remedies.

Legislation cited (27)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 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(2)
  • 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 26
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 32(2)
  • 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)
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 9(1)
  • African Charter on Human and Peoples' Rights Article 13(2)
  • African Charter on Human and Peoples' Rights Article 16(1)
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56(5)
  • Universal Declaration of Human Rights Article 7
  • Universal Declaration of Human Rights Article 8
  • International Covenant on Civil and Political Rights Article 14(1)
  • Code of Criminal Procedure (Tunisia) Article 7
  • Code of Criminal Procedure (Tunisia) Article 36
  • Code of Criminal Procedure (Tunisia) Article 206
  • Rules of Procedure of the African Court on Human and Peoples' Rights Rule 9(2)
  • Rules of Procedure of the African Court on Human and Peoples' Rights Rule 49(1)
  • Rules of Procedure of the African Court on Human and Peoples' Rights Rule 50(1)
  • Rules of Procedure of the African Court on Human and Peoples' Rights Rule 50(2)
  • Rules of Procedure of the African Court on Human and Peoples' Rights Rule 50(2)(e)
  • Rules of Procedure of the African Court on Human and Peoples' Rights Rule 63(1)

Cases cited (16)

  • Boukary Waliss v Republic of Benin (Application No. 021/2018)
  • Frank David Omary and Others v United Republic of Tanzania (Application No. 001/2012)
  • Safinaz Ben Ali and Lamia Jendoubi v Republic of Tunisia (Application No. 09/2023)
  • Alex Thomas v United Republic of Tanzania (Application No. 005/2013)
  • Kennedy Owino Onyachi and Another v United Republic of Tanzania (Application No. 003/2015)
  • Jibu Amir Alias Mussa and Another v United Republic of Tanzania (Application No. 012/2015)
  • Masoud Rajabu v United Republic of Tanzania (Application No. 007/2015)
  • Epoux Diakité v Republic of Mali (Application No. 009/2016)
  • African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 006/2012)
  • Beneficiaries of Late Norbert Zongo and Others v Burkina Faso (Application No. 013/2011)
  • Lohé Issa Konaté v Burkina Faso (Application No. 004/2013)
  • Sébastien Germain Marie Aikoue v Republic of Benin (Application No. 022/2018)
  • Yacouba Traoré v Republic of Mali (Application No. 002/2019)
  • Mariam Kouma and Ousmane Diabaté v Republic of Mali (Application No. 007/2015)
  • Rutabingwa Chrysanthe v Republic of Rwanda (Application No. 016/2016)
  • Collectif des anciens travailleurs (ALS) v Republic of Mali (Application No. 028/2015)

Full judgment

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Ayed v Tunisian Republic (Application No. 008-2019) [2025] AfCHPR 10 (5 February 2025)
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.