[1990] ACHPR 5

[1990] ACHPR 5

The African Commission declared the communication inadmissible because Morocco, the respondent State, was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint. The Commission's jurisdiction is limited to communications against States that have ratified the Charter. As such,...

Source-derived case information.

Citation
[1990] ACHPR 5
Parties
Applicant: Andre Houver; Respondent: Morocco
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
28 April 1990
Case Number
Communication 41 of 1990
Procedural Posture
Communication / Admissibility
Outcome
communication declared inadmissible
Legal Topics
Admissibility of Communications, State Party Requirement, African Charter on Human and Peoples Rights
Source Language
english
Public International Law Admissibility of Communications State Party Requirement African Charter on Human and Peoples Rights

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Andre Houver

Applicant

Morocco

Respondent

Procedural Posture

Communication / Admissibility

Legal Issues

  1. 1 Whether the communication is admissible against a State that is not a party to the African Charter on Human and Peoples' Rights.

Ratio Decidendi

The African Commission declared the communication inadmissible because Morocco, the respondent State, was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint. The Commission's jurisdiction is limited to communications against States that have ratified the Charter. As such, the complaint could not be entertained under the Commission's rules, specifically 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.