[1988] ACHPR 2
The African Commission determined that it lacked jurisdiction to consider the communication because Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint. The Commission's mandate is limited to States that have ratified the Charter, and procedural rules require...
Source-derived case information.
- Citation
- [1988] ACHPR 2
- Parties
- Applicant: Getachew Abebe; Respondent: Ethiopia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 10 of 1988
- Procedural Posture
- Communication / Decision
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, Jurisdiction of Commission, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Getachew Abebe
Applicant
Ethiopia
Respondent
Procedural Posture
Communication / Decision
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights has jurisdiction to hear a communication against a State not party to the African Charter.
- 2 Whether the communication is admissible under Article 101 of the Rules of Procedure.
Ratio Decidendi
The African Commission determined that it lacked jurisdiction to consider the communication because Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint. The Commission's mandate is limited to States that have ratified the Charter, and procedural rules require that communications be directed only against such States. As a result, the communication was declared inadmissible under Article 101 of the Rules of Procedure.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible under Article 101 of the Rules of Procedure.
Full Case Text
Judgment text and source record
7 paragraphs
**17-26 October 1988 Communication No. 10/88**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988**
## **GETACHEW ABEBE v. ETHIOPIA**
## **DECISION**
Citation: Getachew Abebe v. Eth., Comm. 10/88, 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 95 (2002); Documents of the African Commission on Human and Peoples' Rights, at 339 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON FALSE IMPRISONMENT AND DEPRIVATION OF PROPERTY, DATED JUNE 1, 1988
- [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 fourth ordinary session from 17 to 26 October 1988; - [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" (Article 101 of the Rules of Procedure).