[1994] ACHPR 6
The Commission determined that, in accordance with Article 57 of the Charter and Rules 110 and 115 of its Rules of Procedure, the State concerned must be notified of any communication prior to substantive consideration. The communication was duly brought to the attention of the Republic of Guinea on three occasions....
Source-derived case information.
- Citation
- [1994] ACHPR 6
- Parties
- Applicant: Ibrahim Dioumessi; Applicant: Sekou Kande; Applicant: Ousmane Kaba; Respondent: Republic of Guinea
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 70 of 1992
- Procedural Posture
- Communication / Preliminary Consideration
- Outcome
- adjourned_pending_state_response
- Legal Topics
- Detention Without Trial, Right to Liberty, Due Process, Notification of State
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ibrahim Dioumessi
Applicant
Sekou Kande
Applicant
Ousmane Kaba
Applicant
Republic of Guinea
Respondent
Procedural Posture
Communication / Preliminary Consideration
Legal Issues
- 1 Whether the detention of the applicants without trial violates the African Charter on Human and Peoples' Rights.
- 2 Whether the State of Guinea was properly notified of the communication as required by the Charter and Rules of Procedure.
- 3 Whether the Commission should proceed to substantive consideration in the absence of a response from the State.
Ratio Decidendi
The Commission determined that, in accordance with Article 57 of the Charter and Rules 110 and 115 of its Rules of Procedure, the State concerned must be notified of any communication prior to substantive consideration. The communication was duly brought to the attention of the Republic of Guinea on three occasions. However, as the State had not responded, the Commission resolved to request additional information from the Guinean Government and deferred substantive consideration of the matter to the next session, pending the State's response. The Commission's decision is grounded in procedural fairness and the necessity of affording the State an opportunity to present its position before...
Court Disposition
adjourned_pending_state_response
Orders
- The Guinean Government is requested to submit additional information relating to the issue within 2 months of receipt of notification.
- If no response is received, the matter shall be considered during the Sixteenth Session.
Full Case Text
Judgment text and source record
12 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fifteenth Ordinary Session 18-27 April 1994**
## **IBRAHIM DIOUMESSI, SEKOU KANDE, OUSMANE KABA v. GUINEA**
## **DECISION**
BEFORE: CHAIRMAN: Prof. Isaac Nguema VICE CHAIRMAN: Prof. Mohammed Hatem Ben Salem COMMISSIONERS: Mr. Sourahata B. S Janneh,, Justice Robert H. Kisanga, Dr. Ibrahim A Badawi EL Sheikh, Prof. U. O Umozurike, Mr. Youssoupha Ndiaye, Dr. Emmanuel E. V. O. Dankwa, Mrs. Vera Valentina Duarte Martins.
Citation: Dioumessi v. Guinea , Comm. 70/92, 7th ACHPR AAR Annex IX (1993– 1994) 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 138 (2002); Documents of the African Commission on Human and Peoples' Rights, at 347 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 129 (ACHPR 1994)
## COMMUNICATION ON DETENTION WITHOUT TRIAL
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 Fifteenth Ordinary session held in Banjul, The Gambia, from 18 to 27 April 1994;
[3] Recalling the provisions of Article 57 of the Charter and those of Rules 110 and 115 of the Rules of Procedure which stipulate that prior to any substantive consideration, all communications must be brought to the knowledge of the State concerned;
[4] Notes that the said communication was brought to the attention of the State of the Republic of Guinea on 13/11/92, 12/4/93 and 12/3/94;
[5] Requests the Guinean Government to submit additional information relating to the issue within 2 months of the receipt of a new notification, facing which this matter shall be considered during the Sixteenth Session. (Article 57 of the Charter; Articles 110 and 115 of the Rules of Procedure).