Wakilii

Timan v Republic of Sudan (Application No. 005-2012)

African Court on Human and Peoples' Rights · [2012] AfCHPR 2 · 2012 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for direct access to the African Court on Human and Peoples' Rights under Article 5(3) of the Protocol
Decision
Application struck out for manifest lack of jurisdiction ratione personae

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Court on Human and Peoples' Rights unanimously held that it manifestly lacks jurisdiction to receive an application submitted by an individual against the Republic of Sudan. Sudan had not made the declaration required under Article 34(6) of the Protocol accepting the Court's competence to receive cases from individuals and NGOs under Article 5(3). The application was struck out from the Court's general list.

Outcome

Application struck out for manifest lack of jurisdiction ratione personae

Facts

Amir Adam Timan, a Sudanese national from Darfur residing in the Democratic Republic of Congo, was accused by the Sudanese Government of being a member of an opposing force. Through his lawyer, Barrister Mbu ne Letang, he filed an application dated 25 February 2012 to the African Court alleging violations of Articles 12(1), 2, 3, 4 and 13 of the International Convention on Civil and Political Rights. The Registrar acknowledged receipt on 14 March 2012. On 30 March 2012, the Registrar inquired whether Sudan had made the declaration under Article 34(6) of the Protocol. The Legal Counsel of the African Union Commission confirmed by email on 12 April 2012 that Sudan 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 under Article 5(3).

Orders

  • Application struck out from the general list of the Court.

Rules and key headnotes

Human Rights — Jurisdiction of African Court — Individual Access — Article 34(6) Declaration Requirement
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 under Article 5(3).

Legislation cited (7)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(3)
  • 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)
  • International Convention on Civil and Political Rights Article 12(1)
  • International Convention on Civil and Political Rights Article 2
  • International Convention on Civil and Political Rights Article 3
  • International Convention on Civil and Political Rights Article 4
  • International Convention on Civil and Political Rights Article 13

Cases cited (6)

  • 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 v Republic of South Africa
  • Emmanuel Joseph Uko v Republic of South Africa
  • Ekollo Moundi Alexandre v Republic of Cameroon

Full judgment

↓ Download PDF

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

Timan v Republic of Sudan (Application No. 005-2012) [2012] AfCHPR 2 (30 March 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.