[1988] ACHPR 4
The African Commission found that it lacked jurisdiction to consider the communication because Bahrain is not a party to the African Charter on Human and Peoples' Rights. The admissibility of communications before the Commission is contingent upon the respondent state being a party to the Charter. Since this...
Source-derived case information.
- Citation
- [1988] ACHPR 4
- Parties
- Applicant: Committee for the Defence of Political Prisoners; Respondent: Bahrain
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 7 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Human Rights Charter, Admissibility of Communications, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Committee for the Defence of Political Prisoners
Applicant
Bahrain
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.
Ratio Decidendi
The African Commission found that it lacked jurisdiction to consider the communication because Bahrain is not a party to the African Charter on Human and Peoples' Rights. The admissibility of communications before the Commission is contingent upon the respondent state being a party to the Charter. Since this prerequisite was not met, the Commission declared the communication inadmissible without considering the merits of the allegations.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
6 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988**
## **COMMITTEE FOR THE DEFENCE OF POLITICAL PRISONERS v. BAHRAIN**
## **DECISION**
- Citation: Comm. For The Def. Of Political Prisoners v. Bahr., Comm. 7/88, 7th ACHPR AAR Annex IX (1993-1994) - Publications: Documents of the African Commission on Human and Peoples' Rights, at 339 (Malcolm D. Evans & Rachel Murray eds., 2001)
## COMMUNICATION ON ALLEGED FALSE IMPRISONMENT OF PERSONS AND TORTURE, DATED FEBRUARY 26 1988
- [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).