austrian committee against torture v burundi communication 26 of 1989 2018 achpr 14 7 september 2018
- Citation
- austrian committee against torture v burundi communication 26 of 1989 2018 achpr 14 7 september 2018
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- ACHPR
- Decision
- 7 September 2018
- Posture
- Communication / Admissibility Decision
- Language
- English
More details
- Court
- ACHPR
- Decision
- 7 September 2018
- Posture
- Communication / Admissibility Decision
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The communication was declared inadmissible because Burundi was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint.
Court disposition
communication inadmissible
02
Material facts
Parties
Austrian Committee Against Torture
ApplicantBurundi
Respondent03
Procedural history
Posture
Communication / Admissibility Decision
04
Questions and positions
Legal issues
Whether the communication is admissible against a state not party to the African Charter on Human and Peoples' Rights
Party arguments
- Applicant
- Alleged mass arrests, detention, and torture by the respondent state.
- Respondent
- No argument recorded; decision based on procedural grounds.
05
Court’s reasoning
Legal principles
- 01
Article 101 of the Rules of Procedure
A communication is inadmissible if directed against a state not party to the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The communication was declared inadmissible because Burundi was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint.
Court disposition
communication inadmissible
Source and reliance status
ACHPR · 7 September 2018
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Judgment reading view
Judgment text
The complete available source text.
ACHPR
Judgment· 7 September 2018
23 October – 4 November 1989 Communication No. 26/89 AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989
AUSTRIAN COMMITTEE AGAINST TORTURE v.
BURUNDI
DECISION Citation: Austrian Comm. Against Torture v. Burundi, Comm. 26/89, 7th ACHPR AAR Annex IX (1993-1994) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples’ Rights Extracted from the Commission’s Activity Reports 1994-2001, at 53 (2002); Documents of the African Commission on Human and Peoples’ Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001) COMMUNICATION ABOUT MASS ARRESTS, DETENTION, TORTURE, ETC, DATED MARCH 31, AND JUNE 19, 1989 [1] “The African Commission on Human and Peoples’ Rights, established under article 30 of the African Charter on Human and Peoples’ Rights; [2] Meeting at its sixth ordinary session held from 23 October to 4 November 1989; [3] Considering that the communication is directed against a State which is not a party to the African Charter on Human and Peoples’ Rights; [4] Declares the communication inadmissible” (Decision of November 4, 1989 - Article 101 of the Rules of Procedure).
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