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Tanzania Judgment

ACHPR

austrian committee against torture v burundi communication 26 of 1989 2018 achpr 14 7 september 2018

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Burundi

Respondent

03

Procedural history

  1. 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

  1. 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.

Source document

ACHPR

Judgment· 7 September 2018

austrian committee against torture v burundi communication 26 of 1989 2018 achpr 14 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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

African Charter on Human and Peoples' Rights

Legislation

Legislation referenced in the available case record.

Article 101 of the Rules of Procedure

Legislation

Legislation referenced in the available case record.

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