[1994] ACHPR 7
The Commission determined that since Mr. Ernest N. Ouedraogo had been released prior to the session, the alleged violation had ceased. No further remedy was necessary, and the file was closed in accordance with Article 56 of the African Charter on Human and Peoples' Rights.
Source-derived case information.
- Citation
- [1994] ACHPR 7
- Parties
- Applicant: International PEN; Respondent: Burkina Faso
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 22 of 1988
- Procedural Posture
- Communication / Decision
- Outcome
- file closed
- Legal Topics
- Human Rights Violation, Wrongful Detention, African Charter Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
International PEN
Applicant
Burkina Faso
Respondent
Procedural Posture
Communication / Decision
Legal Issues
- 1 Whether the detention of Mr. Ernest N. Ouedraogo constituted a violation of the African Charter on Human and Peoples' Rights.
- 2 Whether the release of Mr. Ernest N. Ouedraogo renders the communication moot.
Ratio Decidendi
The Commission determined that since Mr. Ernest N. Ouedraogo had been released prior to the session, the alleged violation had ceased. No further remedy was necessary, and the file was closed in accordance with Article 56 of the African Charter on Human and Peoples' Rights.
Court Disposition
file closed
Orders
- The file is closed.
Full Case Text
Judgment text and source record
8 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fifteenth Ordinary Session 18-27 April 1994**
## **INTERNATIONAL PEN v. BURKINA FASO**
## **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: Int'l PEN v. Burk. Faso, Comm. 22/88 , 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 42 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 47 (ACHPR 1994)
COMMUNICATION ON ALLEGED WRONGFUL DETENTION (NOT DATED)
- [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] Considering that Mr. Ernest N. Ouedraogo has been released on 4 August 1989; - [4] Declares that the file be closed. (Article 56 of the Charter).