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Tanzania Judgment

ACHPR

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

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Professional case brief

Research organized from the available case record

Source document

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

Applicant

Sekou Kande

Applicant

Ousmane Kaba

Applicant

Guinea

Respondent

03

Procedural history

  1. Posture

    Communication / Interlocutory Decision; Request for Further Information

04

Questions and positions

Legal issues

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

  1. 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

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Judgment reading view

Judgment text

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Source document

ACHPR

Judgment· 27 April 1994

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

Authorities used by the court

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

African Charter on Human and Peoples' Rights Article 57

Legislation

Legislation referenced in the available case record.

Rules of Procedure of the African Commission on Human and Peoples' Rights Rules 110 and 115

Legislation

Legislation referenced in the available case record.

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