Union Nationale Des Syndicate Autonomes Du Senegal v Senegal (Communication 226 of 1999)
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 declared the communication inadmissible under Article 56(5) of the African Charter. Although the communication presented a prima facie case of violations of the Charter, the Commission found that the complainant had not exhausted all available domestic remedies. The Secretary General of UNSAS had appealed his conviction and the appeal process remained pending.
Outcome
Communication dismissed for failure to exhaust domestic remedies
Facts
UNSAS, a Senegalese trade union congress, alleged that on 20 July 1998 the Senegalese government arrested Mr. Mademba Sock, Secretary General of UNSAS and SUTELEC, along with 25 other union members. The detainees were held for four days without access to counsel or family. UNSAS alleged violations of labour freedoms and the right to defence. The Special Regional Court of Dakar acquitted the accused on charges of damaging electrical installations but convicted Mr. Sock of acts likely to compromise public security and sentenced him to six months imprisonment. After serving his sentence including pre-trial detention, Mr. Sock was released on 23 January 1999. Mr. Sock had filed an appeal against the conviction which remained pending at the time of the Commission's consideration.
Issues
- Whether the communication should be declared admissible where domestic remedies have not been exhausted.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (3)
- African Charter on Human and Peoples' Rights Article 56(5)
- International Covenant on Civil and Political Rights Article 10
- Senegalese Penal Code Section 80
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.