[1989] ACHPR 8
The African Commission on Human and Peoples' Rights determined that it lacks jurisdiction to consider communications against states that are not parties to the African Charter on Human and Peoples' Rights. Since the communication was directed against Malawi, Ethiopia, Cameroon, and Kenya, none of which were parties...
Source-derived case information.
- Citation
- [1989] ACHPR 8
- Parties
- Applicant: International PEN; Respondent: Malawi; Respondent: Ethiopia; Respondent: Cameroon; Respondent: Kenya
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 19 of 1988
- 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
International PEN
Applicant
Malawi
Respondent
Ethiopia
Respondent
Cameroon
Respondent
Kenya
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights has jurisdiction over communications directed against states not parties to the African Charter on Human and Peoples' Rights.
- 2 Whether a communication is admissible if the respondent states are not parties to the Charter.
Ratio Decidendi
The African Commission on Human and Peoples' Rights determined that it lacks jurisdiction to consider communications against states that are not parties to the African Charter on Human and Peoples' Rights. Since the communication was directed against Malawi, Ethiopia, Cameroon, and Kenya, none of which were parties to the Charter at the relevant time, the Commission declared the communication inadmissible pursuant to Article 101 of its Rules of Procedure.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
6 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989**
## **INTERNATIONAL PEN v. MALAWI, ETHIOPIA, CAMEROON AND KENYA**
## **DECISION**
Citation: Int'l Pen v. Malawi, Comm. 19/88, 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 60 (2002); Documents of the African Commission on Human and Peoples' Rights, at 341 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON FALSE IMPRISONMENT, DATED AUGUST 30 1989
- [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 sixth ordinary session held from 23 October to 4 November 1989; - [3] Considering that the communication is directed against States not parties to the African Charter on Human and Peoples' Rights; - [4] Declares the communication inadmissible" (Article 101 of the Rules of Procedure).