Wakilii

Diakite v Gabon (Communication 73 of 1992)

African Commission on Human and Peoples' Rights · [2000] ACHPR 20 · 2000 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter following expulsion from Gabon
Decision
Communication dismissed as inadmissible

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 non-exhaustion of local remedies. The complainant, a Malian national expelled from Gabon in 1989, never contested the expulsion decision through Gabon's judicial system. His return to Gabon was based on a political decision by the Gabonese Head of State following diplomatic talks, not judicial redress. The Commission held that the principle of exhausting internal remedies requires the respondent State to have had the opportunity to redress the injury through its own judicial system before an international forum is seized.

Outcome

Communication dismissed as inadmissible

Facts

Mohammed Lamine Diakité, a Malian citizen, lived in Gabon for 17 years before being expelled on 4 November 1987, leaving behind his wife and five children born in Gabon. The complainant alleged his expulsion resulted from his friend's alleged relationship with the wife of a Gabonese Government Minister, Mr. Mba Eyoghe. An expulsion order (No. 182/MATCLI-DGAT-DDF-SF) was issued on 27 August 1989. A second order (No. 126/MAT/CLD/SE/SG/DGAT/DDF/SF) dated 22 June 1992 nullified the first, authorising the complainant to return to Gabon. The complainant returned to Gabon on 9 December 1997 following a political decision by the Gabonese Head of State after talks with his Malian counterpart during an official visit to Mali. The complainant never contested the expulsion decision through Gabon's judicial system.

Issues

  1. Whether the complainant exhausted local remedies before seizing the Commission.
  2. Whether the communication was admissible under Article 56(5) and (6) of the African Charter on Human and Peoples' Rights.

Orders

  • Communication declared inadmissible for non-exhaustion of local remedies.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Local Remedies — African Charter Article 56(5)
A communication to the African Commission on Human and Peoples' Rights is inadmissible where the complainant has not exhausted local remedies, and the condition of exhaustion is based on the principle that the respondent State should have had the opportunity to redress the injury through its own judicial system before an international forum is seized.
Human Rights — Admissibility — Exhaustion of Local Remedies — Failure to Contest Administrative Decision
Where a complainant expelled pursuant to an administrative warrant never contested the expulsion decision through the respondent State's judicial system, the requirement of exhaustion of local remedies is not satisfied, and the communication is inadmissible regardless of subsequent political arrangements for the complainant's return.

Legislation cited (6)

  • African Charter on Human and Peoples' Rights Article 12(4)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 18(1)
  • African Charter on Human and Peoples' Rights Article 18(2)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)

Full judgment

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

Diakite v Gabon (Communication 73 of 1992) [2000] ACHPR 20 (11 May 2000)
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.