[1993] ACHPR 9
The African Commission found that the communication submitted by Amnesty International was inadmissible because it concerned a matter that had already been settled in accordance with the principles of the African Charter on Human and Peoples' Rights or other relevant international instruments. Article 56(7) of the...
Source-derived case information.
- Citation
- [1993] ACHPR 9
- Parties
- Applicant: Amnesty International; Respondent: Republic of Tunisia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 69 of 1992
- Procedural Posture
- Communication / Final Decision
- Outcome
- communication declared inadmissible
- Legal Topics
- Inadmissibility of Communications, African Charter on Human and Peoples Rights, Settlement of Cases, Human Rights Protection
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amnesty International
Applicant
Republic of Tunisia
Respondent
Procedural Posture
Communication / Final Decision
Legal Issues
- 1 Whether the communication is admissible under Article 56(7) of the African Charter on Human and Peoples' Rights.
- 2 Whether the case has already been settled in accordance with the principles of the Charter or relevant international instruments.
Ratio Decidendi
The African Commission found that the communication submitted by Amnesty International was inadmissible because it concerned a matter that had already been settled in accordance with the principles of the African Charter on Human and Peoples' Rights or other relevant international instruments. Article 56(7) of the Charter expressly precludes the Commission from considering communications on cases that have been resolved under the Charter, the United Nations Charter, the Charter of the Organisation of African Unity, or the provisions of the present Charter. The Commission, therefore, declined to consider the merits of the allegations of wrongful detention and torture, as the procedural bar...
Court Disposition
communication declared inadmissible
Orders
- The communication of Amnesty International against the Republic of Tunisia is declared inadmissible pursuant to Article 56(7) of the African Charter on Human and Peoples' Rights.
Full Case Text
Judgment text and source record
8 paragraphs
**29 March - 7 April 1993 Communication No. 69/92**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Thirteenth Ordinary Session 29 March - 7 April 1993**
# **AMNESTY INTERNATIONAL v. TUNISIA**
### **DECISION**
Citation: Amnesty Int'l v. Tunis., Comm. 69/92, 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 357 (2002); Documents of the African Commission on Human and Peoples' Rights, at 347 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 319 (ACHPR 1994)
## COMMUNICATION ON ALLEGED WRONGFUL DETENTION AND TORTURE, DATED 4 MARCH 1992
### FINAL DECISION
- [1] "The African Commission on Human and Peoples' Rights, established under article 30 of the African Charter of the African Charter on Human and Peoples' Rights; - [2] Meeting at its 13th ordinary session, from 29 March to 7 April 1993 in Banjul, The Gambia; - [3] Considering articles 55 and 56 paragraph 7; - [4] Decides to declare the communication of Amnesty International against the Republic of Tunisia inadmissible pursuant to the relevant provisions of article 56 (7) which stipulates that communications submitted within the framework of Part II, Chapter III of the African Charter on Human and Peoples' Rights should necessarily "not deal with cases which have been settled in accordance with the principles of the Charter or the United Nations or the Charter of the Organisation of African Unity or the provisions of the present Charter".