Collectif Des Anciens Travailleurs du Laboratoire (ALS) v Republic of Mali (Application No. 002-2015)
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 by a trade union representing former workers alleging lead contamination and unfair dismissal. Despite being provided legal assistance and multiple extensions, the Applicant failed to reformulate the application to comply with Rules 34(1), (2) and (4). The Court concluded this demonstrated lack of interest in pursuing the matter and exercised its inherent powers to strike out the application without prejudice.
Outcome
Application struck out without prejudice to refiling
Facts
The Applicant trade union, representing former workers of Australian Laboratory Services in Mali, initially filed an application against the company's management alleging lead contamination of employees and unfair dismissal. The application sought compensation and healthcare expenses. The Applicant later redrafted the application against the Republic of Mali. The Registry repeatedly informed the Applicant that the application did not comply with Court Rules, particularly Rule 34. The Court arranged legal assistance through the International Human Rights Federation. Despite this assistance and multiple extensions of time granted between February 2015 and May 2016, the Applicant failed to reformulate the application to meet the required standards.
Issues
- Whether the Application complied with the formal requirements of the Protocol and Rules of Court.
- Whether the Applicant's failure to reformulate the Application despite legal assistance and multiple extensions demonstrated lack of interest in pursuing the matter.
Orders
- Application struck out.
- Striking out is without prejudice to the possibility of the Applicant submitting a new Application on the same matter.
Legislation cited (5)
- African Charter on Human and Peoples' Rights
- 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 34(1)
- Rules of Court Rule 34(2)
- Rules of Court Rule 34(4)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.