Penessis v United Republic of Tanzania (Application No. 013-2015)
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 could change the title of an application to substitute the name of the alleged victim for the name of the person acting on his behalf. The Court found that using the alleged victim's name would bring clarity and would not adversely affect the procedural or substantive rights of the respondent.
Outcome
Title of the case changed to reflect the alleged victim as the named applicant
Facts
Mrs. Georgia J. Pennesis, a Tanzanian national residing in Greece, filed an application on 10 May 2015 on behalf of her grandson Robert John Pennesis against Tanzania for alleged violations of his rights related to nationality and immigration. The application was registered as Georgia J. Pennesis (on behalf of Robert John Pennesis) v. Tanzania. During the exchange of written submissions, documents were signed by Mrs. Pennesis or Dr. A. J. Pennesis. On 20 May 2017, the Court received a letter from Bukoba Prison signed by Robert John Pennesis himself. The Court noted confusion between the alleged victim and those acting on his behalf.
Issues
- Whether the Court can amend the title of an application by substituting the name of the person who initially filed it on behalf of another person.
Orders
- The initial title 'Georgia J. Pennesis (on behalf Robert J. Pennesis) v. The United Republic of Tanzania' be replaced with 'Robert John Pennesis v. The United Republic of Tanzania'.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.