[1995] ACHPR 1
The Commission determined that, since the applicant failed to respond to its inquiries and the detained person had been released, there was no longer any interest in pursuing the communication. Accordingly, the Commission exercised its discretion to close the file, as the applicant demonstrated no intention to...
Source-derived case information.
- Citation
- [1995] ACHPR 1
- Parties
- Applicant: Maria Baes; Respondent: State of Zaire
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 31 of 1989
- Procedural Posture
- Public International Law / Decision
- Outcome
- file_closed
- Legal Topics
- Detention Without Charge, Political Detention, African Charter Rights, Article 6, Article 7
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maria Baes
Applicant
State of Zaire
Respondent
Procedural Posture
Public International Law / Decision
Legal Issues
- 1 Whether the detention of Dr. Shambuyi Naiadia Kandola without charge violated Articles 6 and 7 of the African Charter on Human and Peoples' Rights.
- 2 Whether the Commission should proceed with the communication in light of the applicant's lack of interest.
Ratio Decidendi
The Commission determined that, since the applicant failed to respond to its inquiries and the detained person had been released, there was no longer any interest in pursuing the communication. Accordingly, the Commission exercised its discretion to close the file, as the applicant demonstrated no intention to proceed. The merits of the alleged violations were not adjudicated due to the lack of engagement from the applicant.
Court Disposition
file_closed
Orders
- The file is closed as the applicant has shown no interest in proceeding with the case.
Full Case Text
Judgment text and source record
8 paragraphs
### **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
## **MARIA BAES v. ZAIRE**
# **DECISION**
Citation: Baes v. Zaire, Comm. 31/89, 8th ACHPR AAR Annex VI (1994–1995) 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 359 (2002); Documents of the African Commission on Human and Peoples' Rights, at 383 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 72 (ACHPR 1995)
## COMPLAINT
[1] The communication was submitted by a Danish national, Maria Baes, on behalf of her colleague Dr. Shambuyi Naiadia Kandola, of the University of Kinshasha, Zaïre. She alleges that her colleague was detained without charge in April 1988 for purely political reasons in breach of Articles 6 and 7 of the African Charter on Human and Peoples' Rights.
#### FINDING
[2] The author has failed to respond to inquiries from the Commission which learns that the detained person had since been released. The author shows no interest in pursuing the case. The Commission decides to close the file since the author has no interest in proceeding with the case.