Wakilii

Digbeejaye Koonjul v the Republic of Mauritius (Communication 569 of 2015)

African Commission on Human and Peoples' Rights · [2020] ACHPR 2 · 2020 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 human rights violations arising from criminal conviction and sentencing in Mauritius
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 declared the Communication inadmissible for failure to comply with Article 56(6) of the African Charter. While the Complainant satisfied most admissibility requirements including exhaustion of judicial remedies, the Commission found that the three-year delay between exhaustion of domestic remedies in July 2012 and submission of the Communication in June 2015 was unreasonable, and no justification was provided for the delay.

Outcome

Communication dismissed as inadmissible

Facts

The Complainant was convicted of murder and sentenced to 30 years imprisonment by the Court of Assises in Mauritius on 27 July 2007. He appealed to the Supreme Court of Mauritius, which dismissed his appeal and increased his sentence to 38 years on 25 February 2010. The Supreme Court refused his application for conditional leave to appeal to the Judicial Committee of the Privy Council on 14 March 2011. He applied directly to the Privy Council for special leave in July 2012, which was rejected. He submitted a Communication to the African Commission in June 2015, alleging violations of his rights to fair trial, equality before the law, and freedom from inhuman treatment under the African Charter, arising from alleged irregularities in his trial and sentencing including disallowance of defence witnesses, admission of hearsay evidence, failure to deduct remand time from sentence, and adverse pre-trial publicity.

Issues

  1. Whether the Communication satisfies the admissibility requirements under Article 56 of the African Charter on Human and Peoples' Rights.
  2. Whether the Complainant established a prima facie case of violation of Articles 2, 3, 5 and 7 of the African Charter.
  3. Whether the Complainant exhausted local remedies as required by Article 56(5) of the African Charter.
  4. Whether the Communication was submitted within a reasonable period from the time local remedies were exhausted as required by Article 56(6) of the African Charter.

Orders

  • Communication declared inadmissible for failure to comply with Article 56(6) of the African Charter.
  • Decision notified to the Parties in accordance with Rule 107(3) of the Rules of Procedure.

Rules and key headnotes

Admissibility of Communications — Article 56(6) African Charter — Reasonable Time Requirement
A Communication must be submitted within a reasonable period from the time local remedies are exhausted. Where a Complainant submits a Communication three years after exhausting domestic remedies without providing justification for the delay, the Communication does not meet the reasonable time requirement under Article 56(6) of the African Charter.
Exhaustion of Local Remedies — National Human Rights Institutions — Non-Judicial Bodies
In exhausting ordinary domestic remedies, there is no duty on a Complainant to submit cases to national commissions such as a national human rights institution, even if they can grant remedies, as they are non-judicial institutions. Complainants are only required to exhaust judicial remedies.
Prima Facie Case — Standard of Proof at Admissibility Stage
A prima facie violation of the African Charter occurs where the facts presented in the Complaint show that a human rights violation has likely occurred. The Complaint should be one that compels the conclusion that a human rights violation has occurred if not contradicted or rebutted by the Respondent State. At the admissibility stage, Complainants need only establish a prima facie case; full proof on a balance of probabilities is required at the merits stage.
Jurisdiction of African Commission — Distinction from Appellate Review
The African Commission does not have powers to overrule decisions of national courts but simply discharges its mandate of ensuring compliance by a State Party with the provisions of the African Charter in its interpretation and application of the law. To the extent that alleged violations relate to rights protected under the African Charter, they fall within the rationae materiae jurisdiction of the Commission.

Legislation cited (16)

  • 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 5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 56(1)
  • African Charter on Human and Peoples' Rights Article 56(2)
  • African Charter on Human and Peoples' Rights Article 56(3)
  • African Charter on Human and Peoples' Rights Article 56(4)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 56(7)
  • Constitution of the Republic of Mauritius Section 10
  • Constitution of the Republic of Mauritius Section 10(2)(e)
  • Mauritian Criminal Code Section 222
  • Protection of Human Rights Act 1998 (Mauritius) Section 4A
  • Court's Act (Mauritius) Section 31

Cases cited (17)

  • Samuel T. Muzerengwa and 110 Others (Represented by Zimbabwe Lawyers for Human Rights) v Zimbabwe (Communication 306/05)
  • Jaioara v The Gambia
  • FIDH and others v Senegal (Communication 304/05)
  • Socio-Economic Rights and Accountability Project (SERAP) v Nigeria (Communication 300/05)
  • Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Zimbabwe (Communication 284/03)
  • Anuak Justice Council v Ethiopia (Communication 299/05)
  • Front for the Liberation of the State of Cabinda v Republic of Angola (Communication 328/06)
  • Southern Africa Human Rights NGO Network & Others v Tanzania (Communication 333/06)
  • Interights, Institute for Human Rights and Development in Africa, and Association Mauritanienne des Droits de l'Homme v Mauritania (Communication 242/01)
  • Anudo Ochieng Anudo v United Republic of Tanzania (Application No. 003/2015)
  • Alfred B. Cudjoe v Ghana (Communication 221/98)
  • Priscilla Njeri Echaria v Kenya (Communication 375/09)
  • African Commission on Human and Peoples' Rights v Republic of Kenya (Application No. 006/2012)
  • Ilesanmi v Nigeria (Communication 268/03)
  • Michael Majuru v Zimbabwe (Communication 308/05)
  • Darfur Relief and Documentation Centre v Sudan
  • Dr. Farouk Mohamed Ibrahim (represented by REDRESS) v. Sudan

Full judgment

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Digbeejaye Koonjul v the Republic of Mauritius (Communication 569 of 2015) [2020] ACHPR 2 (17 August 2020)
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.