[1994] ACHPR 10
The Commission determined that Malawi's actions constituted a breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights, as the detentions were wrongful and the detainees were denied their fundamental rights. The Commission found that the state failed to provide adequate justification for...
Source-derived case information.
- Citation
- [1994] ACHPR 10
- Parties
- Applicant: Krishna Achutan (on behalf of Aleke Banda); Applicant: Amnesty International (on behalf of Orton and Vera Chirwa); Respondent: Malawi
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 64 of 1992 ; Communication 68 of 1992 ; Communication 78 of 1992
- Procedural Posture
- Human Rights Communication / Final Decision
- Outcome
- breach_found_and_referral_to_assembly
- Legal Topics
- Wrongful Detention, Denial of Rights, Breach of Charter, Due Process, Right to Life, Protection From Torture
- Source Language
- en
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
Human Rights Communication / Final Decision
Legal Issues
- 1 Whether the detention of Aleke Banda, Orton Chirwa, and Vera Chirwa violated their rights under the African Charter on Human and Peoples' Rights.
- 2 Whether Malawi breached articles 4, 5, and 7 of the African Charter by its actions.
- 3 Whether the situation warrants referral to the Assembly of Heads of State and Government under article 58(1) of the Charter.
Ratio Decidendi
The Commission determined that Malawi's actions constituted a breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights, as the detentions were wrongful and the detainees were denied their fundamental rights. The Commission found that the state failed to provide adequate justification for the detentions and did not comply with the Charter's requirements regarding due process and protection from torture. As a result, the Commission decided to refer the situation to the Assembly of Heads of State and Government under article 58(1) of the Charter for further consideration and action.
Court Disposition
breach_found_and_referral_to_assembly
Orders
- The Commission finds Malawi in breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights.
- The situation is referred to the Assembly of Heads of State and Government under article 58(1) of the Charter.
Full Case Text
Judgment text and source record
8 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
## **KRISCHNA ACHUTAN (ON BEHALF OF ALEKE BANDA), AMNESTY INTERNATIONAL (ON BEHALF OF ORTON AND VERA CHIRWA), AMNESTY INTERNATIONAL (ON BEHALF OF ORTON AND VERA CHIRWA) v.**
## **MALAWI**
## **DECISION**
| | Citation: Achutan v. Malawi, Comm. 64/92, 68/92, 78/92, 7th ACHPR AAR Annex IX | |---------------|----------------------------------------------------------------------------------| | | (1993–1994) | | | Alt. Style of Cause: 64/92 Krishna Achuthan vs. Malawi (October 10, 1991); 68/92 | | | Amnesty International vs. Malawi (March 2, 1992); 78/92 Amnesty | | | International vs. Malawi (October 6, 1992) | | 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 155 (2002); Documents | | | of the African Commission on Human and Peoples' Rights, at 347 | | | (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 143 | | | (ACHPR 1994) |
COMMUNICATION ON ALLEGED WRONGFUL DETENTIONS AND DENIAL OF RIGHTS
FINAL DECISION
[1] The Commission finds that the state is in breach articles 4, 5 and 7 of the African Charter on Human and Peoples' Rights and decides to refer the situation to the Assembly of Heads of State and Government under article 58(1) of the Charter on Human and Peoples' Rights.