[1988] ACHPR 15
The African Commission held that it lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Ghana was not a party to the Charter at the time of the communication, the complaint was declared inadmissible pursuant to Article 101 of...
Source-derived case information.
- Citation
- [1988] ACHPR 15
- Parties
- Applicant: Dr. Kodji Kofi; Respondent: Republic of Ghana
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 6 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, State Party Requirement, Human Rights Charter, Arrest and Detention
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Kodji Kofi
Applicant
Republic of Ghana
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the communication is admissible against a State not party to the African Charter on Human and Peoples' Rights.
Ratio Decidendi
The African Commission held that it lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Ghana was not a party to the Charter at the time of the communication, the complaint was declared inadmissible pursuant to Article 101 of the Commission's 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 Fourth Ordinary Session 17-26 October 1988**
## **DR. KODJI KOFI v. GHANA**
## **DECISION**
Citation: Kodji Kofi v. Ghana, Comm. 6/88, 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 132 (2002); Documents of the African Commission on Human and Peoples' Rights, at 338 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ARREST AND DETENTION WITHOUT TRIAL, DATED APRIL 11, 1988
- [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 fourth ordinary session from 17 to 26 October 1988; - [3] Considering that the communication is directed against a State which is not a party to the African Charter on Human and Peoples' Rights; - [4] Declares the communication inadmissible" (Article 101 of the Rules of Procedure).