dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994

dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994

The Commission cannot proceed to substantive consideration until the State has been notified and given an opportunity to respond as required by the Charter and Rules of Procedure.

Citation
dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994
Parties
Applicant: Ibrahim Dioumessi; Applicant: Sekou Kande; Applicant: Ousmane Kaba; Respondent: Guinea
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
27 April 1994
Procedural Posture
Communication / Interlocutory Decision; Request for Further Information
Outcome
adjourned; further information requested from respondent
Legal Topics
Detention Without Trial, Right to Fair Trial, Procedure Under African Charter
Source Language
English
Human Rights Law Detention Without Trial Right to Fair Trial Procedure Under African Charter

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Parties

Ibrahim Dioumessi

Applicant

Sekou Kande

Applicant

Ousmane Kaba

Applicant

Guinea

Respondent

Procedural Posture

Communication / Interlocutory Decision; Request for Further Information

Legal Issues

  1. 1 Whether the detention of the applicants without trial violates the African Charter on Human and Peoples' Rights
  2. 2 Whether the procedural requirements under the Charter and Rules of Procedure have been met

Ratio Decidendi

The Commission cannot proceed to substantive consideration until the State has been notified and given an opportunity to respond as required by the Charter and Rules of Procedure.

Court Disposition

adjourned; further information requested from respondent

Orders

  • Guinean Government to submit additional information within 2 months of notification
  • Matter to be considered at the Sixteenth Session if no response is received