[1990] ACHPR 6
The African Commission declined jurisdiction and declared the communication inadmissible because both respondent states, USA and Haiti, are not parties to the African Charter on Human and Peoples' Rights. The Commission is empowered to consider communications only against states that have ratified the Charter. As...
Source-derived case information.
- Citation
- [1990] ACHPR 6
- Parties
- Applicant: Georges Eugene; Respondent: USA; Respondent: Haiti
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 37 of 1990
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, Jurisdiction of Commission, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Georges Eugene
Applicant
USA
Respondent
Haiti
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission has jurisdiction over communications against states that are not parties to the African Charter.
- 2 Whether the communication meets the admissibility requirements under the Rules of Procedure.
Ratio Decidendi
The African Commission declined jurisdiction and declared the communication inadmissible because both respondent states, USA and Haiti, are not parties to the African Charter on Human and Peoples' Rights. The Commission is empowered to consider communications only against states that have ratified the Charter. As neither USA nor Haiti is a party, the communication fails the admissibility test 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
7 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Seventh Ordinary Session 18-28 April 1990**
## **GEORGES EUGENE v. USA, HAITI**
## **DECISION**
Citation: Georges Eugene v. USA, Haiti, Comm. 37/90, 7th ACHPR AAR Annex IX (1993–1994)
Publications: Documents of the African Commission on Human and Peoples' Rights, at 344 (Malcolm D. Evans & Rachel Murray eds., 2001)
ALLEGED ILL-TREATMENT BY USA AND HAITI, DATED MARCH 23 1990
- [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 Seventh Ordinary session from 18 to 28 April 1990 in Banjul (The Gambia); - [3] Has taken the following decision: - [4] At its sitting on Wednesday 25 April 1990; - [5] Considering that the communication is directed against States non-party to the African Charter; - [6] Declares the communication inadmissible. (Article 101 of the Rules of Procedure).