achutan and others v malawi communication 64 of 1992 communication 68 of 1992 communication 78 of 1992 1994 achpr 10 27 april 1994

achutan and others v malawi communication 64 of 1992 communication 68 of 1992 communication 78 of 1992 1994 achpr 10 27 april 1994

The Commission found that Malawi breached Articles 4, 5, and 7 of the African Charter by wrongfully detaining the complainants and denying them their rights.

Source-derived case information.

Citation
achutan and others v malawi communication 64 of 1992 communication 68 of 1992 communication 78 of 1992 1994 achpr 10 27 april 1994
Parties
Applicant: Krishna Achutan (on behalf of Aleke Banda); Applicant: Amnesty International (on behalf of Orton and Vera Chirwa); Respondent: Malawi
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
27 April 1994
Procedural Posture
Communication / Final Decision
Outcome
State found in breach of Charter; situation referred to Assembly of Heads of State and Government under Article 58(1) of the Charter.
Legal Topics
Wrongful Detention, Denial of Rights, Breach of African Charter
Source Language
english
Human Rights Law Wrongful Detention Denial of Rights Breach of African Charter

Source-derived case record

Summary, issues, holding and outcome

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Parties

Krishna Achutan (on behalf of Aleke Banda)

Applicant

Amnesty International (on behalf of Orton and Vera Chirwa)

Applicant

Malawi

Respondent

Procedural Posture

Communication / Final Decision

Legal Issues

  1. 1 Whether the detention of the complainants was wrongful under the African Charter on Human and Peoples' Rights
  2. 2 Whether the complainants were denied rights protected by the Charter

Ratio Decidendi

The Commission found that Malawi breached Articles 4, 5, and 7 of the African Charter by wrongfully detaining the complainants and denying them their rights.

Court Disposition

State found in breach of Charter; situation referred to Assembly of Heads of State and Government under Article 58(1) of the Charter.

Orders

  • State found in breach of Articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights.
  • Situation referred to the Assembly of Heads of State and Government under Article 58(1) of the Charter.