[1988] ACHPR 3
The African Commission found that Yugoslavia was not a party to the African Charter on Human and Peoples' Rights. As such, the Commission lacked jurisdiction to entertain the communication. The procedural rules require that only communications against States Parties to the Charter are admissible. The communication...
Source-derived case information.
- Citation
- [1988] ACHPR 3
- Parties
- Applicant: Centre for the Independence of Judges and Lawyers; Respondent: Yugoslavia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 3 of 1988
- Procedural Posture
- Communication / Final Decision
- Outcome
- communication declared inadmissible
- Legal Topics
- Right to Practice Profession, Admissibility of Communication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Centre for the Independence of Judges and Lawyers
Applicant
Yugoslavia
Respondent
Procedural Posture
Communication / Final Decision
Legal Issues
- 1 Whether the communication is admissible before the African Commission on Human and Peoples' Rights.
- 2 Whether the respondent State is a party to the African Charter on Human and Peoples' Rights.
Ratio Decidendi
The African Commission found that Yugoslavia was not a party to the African Charter on Human and Peoples' Rights. As such, the Commission lacked jurisdiction to entertain the communication. The procedural rules require that only communications against States Parties to the Charter are admissible. The communication was therefore declared inadmissible under Article 101 of the Rules of Procedure.
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
9 paragraphs
**17-26 October 1988 Communication No. 3/88**
# **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988**
# **CENTRE FOR THE INDEPENDENCE OF JUDGES AND LAWYERS v. YUGOSLAVIA**
## **DECISION**
Citation: Ctr. for the Independence of Judges & Lawyers v. Yugo., Comm. 3/88, 7th ACHPR AAR Annex IX (1993-1994)
Publications: Documents of the African Commission on Human and Peoples' Rights, at 337 (Malcolm D. Evans & Rachel Murray eds., 2001)
## COMMUNICATION ON ALLEGED DEPRIVATION OF THE RIGHT TO PRACTICE A PROFESSION
#### FINAL DECISION
- [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 fourth ordinary session from 17 to 26 October 1988; - [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).