Modise v Botswana (Communication 97 of 1993)
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 decided that the communication concerning denial of nationality did not satisfy the requirement of exhaustion of local remedies under Article 56 of the African Charter. The Commission directed the author to exhaust local remedies and advised him to seek assistance from the Botswana Centre for Human Rights.
Outcome
Communication not admitted for failure to exhaust local remedies; author directed to pursue domestic remedies
Facts
John K. Modise filed a communication with the African Commission on Human and Peoples' Rights alleging denial of nationality by Botswana. The communication was dated 3 March 1993 and assigned Communication Number 97/93. The Commission considered the admissibility of the communication under the requirements of the African Charter on Human and Peoples' Rights.
Issues
- Whether the communication satisfied the requirement of exhaustion of local remedies under Article 56 of the African Charter on Human and Peoples' Rights.
Orders
- Communication author to be advised of the need for exhaustion of local remedies as required by Article 56 of the Charter.
- Communication author to be advised to contact the Botswana Centre for Human Rights for assistance.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights Article 56
- African Charter on Human and Peoples' Rights Article 56(5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.