Tanzania.
- Upon intervention of the Tanzanian Immigration Officials, the Applicants were returned to Pemba but
thereafter the Mozambique Immigration Officials repatriated them back to Ethiopia.
5. The Applicants contend that the acts of the Mozambique Airline and Immigration Officials are illegal
under international conventions and accordingly, they "request the African Union to take necessary
measures to the Mozambique Airline and Immigration Officials to refund [them] the robbed money."
6. As the application is made by individuals, the Court suo motto, in a letter dated 10th June 2011, asked
the Legal Counsel of the African Union Commission whether the Republic of Mozambique had deposited
the declaration accepting the Court's competence to hear cases brought under Article 5 (3) of the Protocol.
By a Memo dated 13th June 2011, the Legal Counsel of the African Union Commission informed the Court
that the Republic of Mozambique had "not yet deposited the declaration under Article 34 (6) of the
Protocol."

Applicable Law
7. Article 5 (3) of the Protocol provides that the Court may entitle individuals to institute cases directly
before it in accordance with Article 34 (6) of the Protocol, which Article in turn provides, inter alia, that "The
Court shall not receive cases under Article 5 (3) involving a State Party which has not made a declaration
accepting the competence of the Court to receive such cases".
8. As this is an application brought by individuals, and the Republic of Mozambique has not deposited the
declaration under Article 34 (6) of the Protocol, the Court concludes that manifestly, it does not have the
jurisdiction to hear the application.
9. Article 6 (3) of the Protocol provides that the Court may consider cases or transfer them to the African
Commission on Human and Peoples' Rights. The Court observes that in the light of the allegations made in
the application, this would be an appropriate matter to transfer to the Commission.
10. For these reasons,

THE COURT, unanimously:

1) Finds that, in terms of Article 34 (6) of the Protocol, it has no jurisdiction to hear the case instituted by
Daniel Amare and Mulugeta Amare against the Republic of Mozambique and the Mozambique Airlines. 2)
Decides, in terms of Article 6 (3) of the Protocol, that the application be and is hereby transferred to the
African Commission on Human and Peoples' Rights.
Done at Arusha, this sixteenth day of June in the year Two Thousand and Eleven, in English and
French, the English text being authoritative.

Signed:

Gerard NIYUNGEKO, President

Robert ENO, Acting Registrar

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