[1994] ACHPR 2

[1994] ACHPR 2

The Commission found that the present government of Benin had satisfactorily resolved the alleged violations of human rights committed under the previous administration, as evidenced by the release of all political prisoners and the absence of further complaints from the applicant. The Commission concluded that the remedial actions taken by the new government addressed the core issues raised in the communication, and therefore, the matter was considered resolved. The decision was communicated to the applicant, and in the absence of a response, the Commission confirmed its finding that the issue had been satisfactorily resolved.

Citation
[1994] ACHPR 2
Parties
Applicant: Comité Culturel pour la Démocratie au Bénin; Respondent: Government of Benin
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
27 April 1994
Case Number
Communication 16 of 1988
Procedural Posture
Human Rights Communication / Final Decision
Outcome
communication resolved; no further action required
Legal Topics
Detention Without Trial, Torture and Inhuman Treatment, Extrajudicial Killing, Political Prisoners, State Responsibility
Source Language
English
Constitutional Law Detention Without Trial Torture and Inhuman Treatment Extrajudicial Killing Political Prisoners State Responsibility

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Parties

Comité Culturel pour la Démocratie au Bénin

Applicant

Government of Benin

Respondent

Procedural Posture

Human Rights Communication / Final Decision

Legal Issues

  1. 1 Whether the detention of citizens without charge or trial constituted a violation of the African Charter.
  2. 2 Whether acts of torture and the murder of Mr Akpokpo breached the rights protected under the Charter.
  3. 3 Whether the release of political prisoners by the new government remedied the alleged violations.

Ratio Decidendi

The Commission found that the present government of Benin had satisfactorily resolved the alleged violations of human rights committed under the previous administration, as evidenced by the release of all political prisoners and the absence of further complaints from the applicant. The Commission concluded that the remedial actions taken by the new government addressed the core issues raised in the communication, and therefore, the matter was considered resolved. The decision was communicated to the applicant, and in the absence of a response, the Commission confirmed its finding that the issue had been satisfactorily resolved.

Court Disposition

communication resolved; no further action required

Orders

  • The Commission confirms that the issue raised in the communication has been satisfactorily resolved by the present government of Benin.
  • No further action is required by the Commission.