Wakilii

Mulindahabi v Republic of Rwanda (Application No. 011-2017)

African Court on Human and Peoples' Rights · [2020] AfCHPR 46 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging human rights violations by the Respondent State
Decision
Application declared inadmissible for failure to file within a reasonable time after exhaustion of local remedies

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 held that it had jurisdiction to hear the application but declared it inadmissible on the ground that it was not filed within a reasonable time. The applicant filed the application two years and nine months after exhausting domestic remedies. The Court found that, unlike previous cases involving imprisoned, indigent, or illiterate applicants, this applicant was not subject to restrictions, was not indigent, and was educated enough to represent himself. The period of two years and nine months was therefore not reasonable within the meaning of Article 56(6) of the Charter.

Outcome

Application declared inadmissible for failure to file within a reasonable time after exhaustion of local remedies

Facts

The applicant, a Rwandan national, alleged that in March 2013 his house was damaged by heavy rains. When he attempted repairs, neighbours sent false reports to authorities claiming he threatened them with a machete. A local authority representative inspected his house without permission and ordered him to stop repairs. The applicant wrote to the Ministry and the President, and the threats ceased. He filed a lawsuit in the Nyarugenge High Court seeking compensation under Article 258 of the Civil Code. The High Court dismissed his case for lack of evidence on 27 December 2013. He appealed to the Supreme Court, which confirmed the High Court judgment on 23 May 2014. The applicant then filed this application to the African Court on 24 February 2017, two years and nine months after exhausting domestic remedies.

Issues

  1. Whether the application was filed within a reasonable time after exhaustion of local remedies as required by Article 56(6) of the African Charter and Rule 40(6) of the Rules of Court.

Orders

  • Declared that it has jurisdiction.
  • Declared the application inadmissible.
  • Declared that each party shall bear its own costs.

Rules and key headnotes

Human Rights — Admissibility — Reasonable Time — Exhaustion of Local Remedies
An application to the African Court on Human and Peoples' Rights must be filed within a reasonable time after exhaustion of local remedies. The reasonableness of the time limit depends on the particular circumstances of each case and must be assessed on a case-by-case basis. Factors include the applicant's status (imprisoned, indigent, illiterate), conduct of the respondent state, and objective considerations such as the date of deposit of the declaration recognising the Court's jurisdiction.
Human Rights — Admissibility — Reasonable Time — Factors Justifying Flexibility
Circumstances that may justify flexibility in assessing the reasonableness of the time limit for filing an application include: the applicant being in prison, indigent, unable to pay for a lawyer, lacking free legal assistance, being illiterate, or being unaware of the Court's existence due to its relatively recent establishment. Where such circumstances are absent, a stricter standard applies.
Civil Procedure — Judgment in Default — Conditions
A court may render judgment in default where three conditions are met: failure to appear or defend by one of the parties; a request by the other party (or the court's exercise of judicial discretion in the interest of justice); and notification to the defaulting party of both the application and all documents on file. Before rendering judgment in default, the court must satisfy itself that it has jurisdiction, that the application is admissible, and that the claims are well founded in fact and in law.

Legislation cited (18)

  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7(1)(a)(d)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 26
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • 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)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 56
  • Rules of Court Rule 8(2)
  • Rules of Court Rule 39(1)
  • Rules of Court Rule 40
  • Rules of Court Rule 55
  • International Covenant on Civil and Political Rights Article 2(3)(c)
  • International Covenant on Civil and Political Rights Article 14(1)
  • International Covenant on Civil and Political Rights Article 26
  • Universal Declaration of Human Rights Article 7
  • Universal Declaration of Human Rights Article 10
  • Civil Code Article 258

Cases cited (10)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (2016) 1 AfCLR 562
  • African Commission on Human and Peoples' Rights v Libya (2016) 1 AfCLR 153
  • Anudo Ochieng Anudo v United Republic of Tanzania (2018) 2 AfCLR 248
  • Thobias Mang'ara Mango and Shukurani Masegenya Mango v United Republic of Tanzania (2018) 2 AfCLR 314
  • Mohamed Abubakari v Tanzania (2016) 1 AfCLR 599
  • Alex Thomas v Tanzania (2015) 1 AfCLR 465
  • Wilfred Onyango Nganyi and 9 others v Tanzania (2016) 1 AfCLR 507
  • Lohe Issa Konate v Burkina Faso (2014) 1 AfCLR 314
  • Peter Joseph Chacha v Tanzania (2014) 1 AfCLR 398
  • Beneficiaries of the late Norbert Zongo and Others v Burkina Faso (2013) 1 AfCLR 197

Full judgment

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

Mulindahabi v Republic of Rwanda (Application No. 011-2017) [2020] AfCHPR 46 (26 June 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.