[1994] ACHPR 5

[1994] ACHPR 5

The Commission determined that the complaint of false imprisonment was resolved through an amicable settlement facilitated by a member of the Commission. As the applicant was released and both parties reached an agreement, the Commission closed the file in accordance with Article 97 of its Rules of Procedure and...

Source-derived case information.

Citation
[1994] ACHPR 5
Parties
Applicant: Henry Kalenga; Respondent: Republic of Zambia
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Case Number
Communication 11 of 1988
Procedural Posture
Human Rights Communication / Amicable Settlement
Outcome
file_closed_amicable_settlement
Legal Topics
False Imprisonment, Right to Liberty, Amicable Settlement
Source Language
en
Constitutional Law Criminal Law False Imprisonment Right to Liberty Amicable Settlement

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Henry Kalenga

Applicant

Republic of Zambia

Respondent

Procedural Posture

Human Rights Communication / Amicable Settlement

  1. 1 Whether the detention of Henry Kalenga constituted false imprisonment under the African Charter on Human and Peoples' Rights.
  2. 2 Whether the amicable settlement effected by the Commission member was sufficient to resolve the complaint.

Ratio Decidendi

The Commission determined that the complaint of false imprisonment was resolved through an amicable settlement facilitated by a member of the Commission. As the applicant was released and both parties reached an agreement, the Commission closed the file in accordance with Article 97 of its Rules of Procedure and Article 56(1) of the Charter. No further adjudication was necessary.

Court Disposition

file_closed_amicable_settlement

Orders

  • The file is closed following the amicable settlement and release of the applicant.