[1988] ACHPR 1
The African Commission found that the communication was inadmissible because it had already been referred to the Human Rights Committee established under the International Covenant on Civil and Political Rights. Article 56(7) of the African Charter and Article 114 of the Rules of Procedure prohibit the Commission...
Source-derived case information.
- Citation
- [1988] ACHPR 1
- Parties
- Applicant: Mpaka-Nsusu Andre Alphonse; Respondent: Democratic Republic of Congo
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Judgment Date
- 8 October 1988
- Case Number
- Communication 15 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- False Imprisonment, Admissibility Requirements, International Human Rights, Prior International Proceedings
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mpaka-Nsusu Andre Alphonse
Applicant
Democratic Republic of Congo
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the communication is admissible before the African Commission given prior referral to the Human Rights Committee under the International Covenant on Civil and Political Rights.
Ratio Decidendi
The African Commission found that the communication was inadmissible because it had already been referred to the Human Rights Committee established under the International Covenant on Civil and Political Rights. Article 56(7) of the African Charter and Article 114 of the Rules of Procedure prohibit the Commission from considering matters that have been settled or are being examined by another international body. The Commission therefore declined to consider the merits of the complaint.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible under Article 56(7) of the Charter and Article 114 of the Rules of Procedure.
Full Case Text
Judgment text and source record
5 paragraphs
## 15/88 : Mpaka-Nsusu Andre Alphonse / DRC
Communication on false imprisonment, dated September 12th 1988
**1.** The African Commission on Human and Peoples' Rights;
**2.** Considering that the communication had already been referred for consideration to the Human Rights Committee established under the International Covenant on Civil and Political Rights;
**3.** Declares the communication inadmissible [\(Article 56/7](http://caselaw.ihrda.org/doc/15.88/view/) of the Charter; [Article 114 of the Rules of](http://caselaw.ihrda.org/doc/15.88/view/) [Procedure\)](http://caselaw.ihrda.org/doc/15.88/view/).