On the issue of the burden of proof of the rule of exhaustion of domestic remedies in the practice of the African Court of Human and Peoples' Rights

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The article is devoted to the decisions of the African Court of Human and Peoples' Rights regarding the issue of exhaustion of domestic remedies. The article examines the practice of the African Court of Human and Peoples' Rights in the context of the distribution of the burden of proof of the rules of domestic remedies. The position developed by the African Court regarding the burden of distribution of proof of this requirement is analyzed. Further, the article also analyzes the joint dissenting opinions of Judges A.B. Akuffo, E.N. Thomson and B. Kyoko, in the case of Peter Joseph Chacha vs. Tanzania.

African court of human and peoples' rights, exhaustion of domestic remedies, burden of proof rules of domestic remedies, structural and substantive approach of the court, the practice of the african court

Короткий адрес: https://sciup.org/170192960

IDR: 170192960

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