[1990] ACHPR 7
The Commission found that since Malawi was not a party to the African Charter on Human and Peoples' Rights at the time of the communication, the complaint could not be entertained. The Charter and the Commission's Rules of Procedure require that only communications against state parties to the Charter are...
Source-derived case information.
- Citation
- [1990] ACHPR 7
- Parties
- Applicant: International PEN; Respondent: Malawi
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 42 of 1990
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Human Rights, Admissibility of Communications, State Party Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
International PEN
Applicant
Malawi
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 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 Commission found that since Malawi was not a party to the African Charter on Human and Peoples' Rights at the time of the communication, the complaint could not be entertained. The Charter and the Commission's Rules of Procedure require that only communications against state parties to the Charter are admissible. Therefore, the communication was declared inadmissible for lack of jurisdiction ratione personae.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
7 paragraphs
**25 April 1990 Communication No. 42/90**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Seventh Ordinary Session 18-28 April 1990**
## **INTERNATIONAL PEN v. MALAWI**
## **DECISION**
Citation: Int'l PEN v. Malawi, Comm. 42/90, 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 154 (2002); Documents of the African Commission on Human and Peoples' Rights, at 344 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON DENIAL OF THE RIGHT TO LIFE, ETC; DATED MARCH 12, 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 held in Banjul, The Gambia, from 18 to 28 April 1990; - [3] Has taken the following decision: - [4] At its sitting on Wednesday 25 April, 1990; - [5] Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights; - [6] Declares the communication inadmissible. (Article 101 of the Rules of Procedure).