[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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Kalenga
Applicant
Republic of Zambia
Respondent
Procedural Posture
Human Rights Communication / Amicable Settlement
Legal Issues
- 1 Whether the detention of Henry Kalenga constituted false imprisonment under the African Charter on Human and Peoples' Rights.
- 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.
Full Case Text
Judgment text and source record
6 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
## **HENRY KALENGA v. ZAMBIA**
## **DECISION**
- Citation: Henry Kalenga v. Zambia, Comm. 11/88, 7th ACHPR AAR Annex IX (19931994) - 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 366 (2002); Documents of the African Commission on Human and Peoples' Rights, at 339 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 321 (ACHPR 1994)
## A COMMUNICATION ON FALSE IMPRISONMENT, DATED AUGUST 2 1988
[1] The author (victim) was released after a member of the African Commission on Human and Peoples' Rights effected an amicable settlement. This file is closed. (Article 97 of the Rules of Procedure; Article 56, 1 of the Charter)