[1988] ACHPR 13
The African Commission declared the communication inadmissible because the respondent state, USA, is not a party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to states that have ratified the Charter, and communications against non-party states cannot be entertained...
Source-derived case information.
- Citation
- [1988] ACHPR 13
- Parties
- Applicant: Iheanyichukwu A. Ihebereme; Respondent: USA
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 2 of 1988
- Procedural Posture
- Communication / Final Decision
- 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
Iheanyichukwu A. Ihebereme
Applicant
USA
Respondent
Procedural Posture
Communication / Final Decision
Legal Issues
- 1 Whether the African Commission has jurisdiction over communications against states not party to the African Charter on Human and Peoples' Rights.
- 2 Whether the communication is admissible under Article 101 of the Rules of Procedure.
Ratio Decidendi
The African Commission declared the communication inadmissible because the respondent state, USA, is not a party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to states that have ratified the Charter, and communications against non-party states cannot be entertained under its 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 Fourth Ordinary Session 17-26 October 1988**
## **IHEANYICHUKWU A. IHEBEREME v. USA**
## **DECISION**
Citation: Ihebereme v. USA, Comm. 2/88, 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 FALSE IMPRISONMENT, POLICE BRUTALITY, ETC. ON JULY 13, 1987
## 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).