[1989] ACHPR 4
The African Commission declared the communication inadmissible because Morocco is not a party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to states that have ratified the Charter, and communications against non-party states cannot be entertained. This principle is...
Source-derived case information.
- Citation
- [1989] ACHPR 4
- Parties
- Applicant: Austrian Committee Against Torture; Respondent: Morocco
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 20 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, State Party Requirement, Human Rights Charter, 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
Morocco
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission 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 admissibility requirements under the Rules of Procedure.
Ratio Decidendi
The African Commission declared the communication inadmissible because Morocco is not a party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to states that have ratified the Charter, and communications against non-party states cannot be entertained. This principle is codified in Article 101 of the Rules of Procedure, which governs admissibility of communications before the Commission.
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
**23 October – 4 November 1989 Communication No. 20/88**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989**
## **AUSTRIAN COMMITTEE AGAINST TORTURE v. MOROCCO**
## **DECISION**
Citation: Austrian Comm. Against Torture v. Morocco, Comm. 20/88, Unpublished (19931994) Alt. Style of Cause: Australian Committee Against Torture v. Morocco Publications: Documents of the African Commission on Human and Peoples' Rights, at 341 (Malcolm D. Evans & Rachel Murray eds., 2001)
## COMMUNICATION ON WRONGFUL ARREST AND FALSE IMPRISONMENT
- [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" (Article 101 of the Rules of Procedure).