[2018] ACHPR 14
The African Commission on Human and Peoples' Rights lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Burundi was not a party to the Charter at the time of the communication, the Commission declared the communication...
Source-derived case information.
- Citation
- [2018] ACHPR 14
- Parties
- Applicant: Austrian Committee Against Torture; Respondent: Burundi
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 26 of 1989
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, State Party Status, Jurisdiction of Commission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Austrian Committee Against Torture
Applicant
Burundi
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights has jurisdiction to consider a communication against a State not party to the African Charter on Human and Peoples' Rights.
- 2 Whether the communication meets the admissibility requirements under Article 101 of the Rules of Procedure.
Ratio Decidendi
The African Commission on Human and Peoples' Rights lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Burundi was not a party to the Charter at the time of the communication, the Commission declared the communication inadmissible under Article 101 of its Rules of Procedure.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
8 paragraphs
**23 October – 4 November 1989 Communication No. 26/89**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989**
## **AUSTRIAN COMMITTEE AGAINST TORTURE v. BURUNDI**
## **DECISION**
Citation: Austrian Comm. Against Torture v. Burundi, Comm. 26/89, 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 53 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ABOUT MASS ARRESTS, DETENTION, TORTURE, ETC, DATED MARCH 31, AND JUNE 19, 1989
- [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 sixth ordinary session held from 23 October to 4 November 1989; - [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" (Decision of November 4, 1989 Article 101 of the Rules of Procedure).