dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994
- Citation
- dioumessi and others v guinea communication 70 of 1992 1994 achpr 6 27 april 1994
- Status
- Judgment
- Jurisdiction
- Tanzania
- Court
- ACHPR
- Decision
- 27 April 1994
- Posture
- Communication / Interlocutory Decision; Request for Further Information
- Language
- English
More details
- Court
- ACHPR
- Decision
- 27 April 1994
- Posture
- Communication / Interlocutory Decision; Request for Further Information
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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
02
Material facts
Parties
Ibrahim Dioumessi
ApplicantSekou Kande
ApplicantOusmane Kaba
ApplicantGuinea
Respondent03
Procedural history
Posture
Communication / Interlocutory Decision; Request for Further Information
04
Questions and positions
Legal issues
- 01
Whether the detention of the applicants without trial violates the African Charter on Human and Peoples' Rights
- 02
Whether the procedural requirements under the Charter and Rules of Procedure have been met
Party arguments
- Applicant
- Applicants allege detention without trial in violation of their rights under the African Charter.
- Respondent
- No substantive response from the respondent; additional information requested.
05
Court’s reasoning
Legal principles
- 01
Article 57 of the African Charter; Rules 110 and 115 of the Rules of Procedure
Communications must be brought to the knowledge of the State concerned before substantive consideration.
06
Ratio, limits and disposition
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
- Guinean Government to submit additional information within 2 months of notification
- Matter to be considered at the Sixteenth Session if no response is received
Source and reliance status
ACHPR · 27 April 1994
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
ACHPR
Judgment· 27 April 1994
18-27 April 1994 Communication No. 70/92 AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fifteenth Ordinary Session 18-27 April 1994 IBRAHIM DIOUMESSI, SEKOU KANDE, OUSMANE KABA v.
GUINEA
DECISION BEFORE: CHAIRMAN: Prof. Isaac Nguema VICE CHAIRMAN: Prof. Mohammed Hatem Ben Salem COMMISSIONERS: Mr. Sourahata B.S Janneh,, Justice Robert H. Kisanga, Dr. Ibrahim A Badawi EL Sheikh, Prof. U.O Umozurike, Mr. Youssoupha Ndiaye, Dr. Emmanuel E.V. O. Dankwa, Mrs. Vera Valentina Duarte Martins. Citation: Dioumessi v. Guinea , Comm. 70/92, 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 138 (2002); Documents of the African Commission on Human and Peoples’ Rights, at 347 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 129 (ACHPR 1994)
COMMUNICATION ON DETENTION WITHOUT TRIAL
FINAL DECISION [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 Fifteenth Ordinary session held in Banjul, The Gambia, from 18 to 27 April 1994; [3] Recalling the provisions of Article 57 of the Charter and those of Rules 110 and 115 of the Rules of Procedure which stipulate that prior to any substantive consideration, all communications must be brought to the knowledge of the State concerned; [4] Notes that the said communication was brought to the attention of the State of the Republic of Guinea on 13/11/92, 12/4/93 and 12/3/94; [5] Requests the Guinean Government to submit additional information relating to the issue within 2 months of the receipt of a new notification, facing which this matter shall be considered during the Sixteenth Session. (Article 57 of the Charter; Articles 110 and 115 of the Rules of Procedure).
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