[1995] ACHPR 3
The Commission determined that, due to the complainant's failure to respond to repeated inquiries regarding the continuation of the case after the detainee's release, there was no basis to proceed. The file was closed for loss of contact with the complainant, in accordance with the Commission's procedural rules.
Source-derived case information.
- Citation
- [1995] ACHPR 3
- Parties
- Applicant: Committee for the Defense of Human Rights; Respondent: Federal Republic of Nigeria
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 62 of 1991
- Procedural Posture
- Human Rights Communication / Decision
- Outcome
- file_closed_due_to_loss_of_contact
- Legal Topics
- Right to Liberty, Politically Motivated Detention, Due Process, Communication Admissibility
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Committee for the Defense of Human Rights
Applicant
Federal Republic of Nigeria
Respondent
Procedural Posture
Human Rights Communication / Decision
Legal Issues
- 1 Whether the detention of the individual was politically motivated and violated human rights protections.
- 2 Whether the communication should be pursued in light of the complainant's lack of response.
Ratio Decidendi
The Commission determined that, due to the complainant's failure to respond to repeated inquiries regarding the continuation of the case after the detainee's release, there was no basis to proceed. The file was closed for loss of contact with the complainant, in accordance with the Commission's procedural rules.
Court Disposition
file_closed_due_to_loss_of_contact
Orders
- The file is closed due to loss of contact with the complainant.
Full Case Text
Judgment text and source record
9 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
# **COMMITTEE FOR THE DEFENSE OF HUMAN RIGHTS v. NIGERIA**
### **DECISION**
Citation: Comm. for the Def. of Human Rights v. Nig., Comm. 62/91, 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 196 (2002); Documents of the African Commission on Human and Peoples' Rights, at 387 (Malcolm D. Evans & Rachel Murray eds., 2001) OR Documents of the African Commission on Human and Peoples' Rights, Vol. 2, at \_\_\_ (Malcolm D. Evans & Rachel Murray eds., 2009); (2000) AHRLR 183 (ACHPR 1995)
#### COMPLAINT
[1] The case concerned an individual detained on charges of drug dealing. The complainant committee alleged that the detention was politically motivated. The Commission received information that the detainee was freed and subsequently inquired of the complainant if it wished to pursue the case.
#### FINDING
[2] These inquiries went unanswered despite two reminders. The Commission therefore decided that the file be closed because of loss of contact with the complainant.