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Mahmoudi v Republic of Tunisia (Application No. 007-2012)

African Court on Human and Peoples' Rights · [2012] AfCHPR 4 · 2012 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for interim measures before the African Court on Human and Peoples' Rights
Decision
Application dismissed for lack of jurisdiction; no provisional measures granted

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it manifestly lacks jurisdiction to receive an application from an individual against the Republic of Tunisia because Tunisia has not made the declaration required under Article 34(6) of the Protocol accepting the Court's competence to receive cases from individuals and NGOs. Without prima facie jurisdiction, the Court cannot grant provisional measures.

Outcome

Application dismissed for lack of jurisdiction; no provisional measures granted

Facts

On 31 May 2012, Mr Baghdadi Ali Mahmoudi, through his lawyer, informed the Registry of the African Court on Human and Peoples' Rights of his intention to submit an application against the Republic of Tunisia with a request for interim measures. The Registry received the application on 1 June 2012 and registered it on 7 June 2012. The Registrar requested proof of exhaustion of local remedies, which the applicant provided by submitting copies of judgments from the Court of Appeal of Tunis. On 18 June 2012, the Registrar inquired whether Tunisia had made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive cases from individuals. The Legal Counsel of the African Union Commission confirmed on 19 June 2012 that Tunisia had not made such a declaration.

Issues

  1. Whether the African Court on Human and Peoples' Rights has jurisdiction to receive an application from an individual against a State Party that has not made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive cases from individuals and NGOs.
  2. Whether the Court can grant provisional measures in the absence of prima facie jurisdiction.

Orders

  • Application dismissed for manifest lack of jurisdiction.
  • Request for provisional measures refused.

Rules and key headnotes

Human Rights — Jurisdiction of African Court — Individual Access — Article 34(6) Declaration
The African Court on Human and Peoples' Rights lacks jurisdiction to receive applications from individuals or NGOs against a State Party that has not made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive such cases.
Administrative Law — Provisional Measures — Requirement of Prima Facie Jurisdiction
A court must satisfy itself that it has prima facie jurisdiction before it can grant an order for provisional or interim measures.

Cases cited (7)

  • Michelot Yogogombaye v Republic of Senegal
  • Effoua Mbozo Samuel v Pan African Parliament
  • National Convention of Teachers' Trade Union (CONASYSED) v Republic of Gabon
  • Delta International Investments SA & Mr and Mrs de AGL de Lang v Republic of South Africa
  • Emmanuel Joseph Uko and Others v Republic of South Africa
  • Amir Adam Timan v Republic of Sudan
  • Ekollo Moundi Alexandre v Republic of Cameroon and Federal Republic of Nigeria

Full judgment

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

Mahmoudi v Republic of Tunisia (Application No. 007-2012) [2012] AfCHPR 4 (26 June 2012)
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.