[2017] ACHPR 3
The Commission found that the evidence established the existence of a series of serious or massive violations of human and peoples' rights by the Government of Zaire, including arbitrary arrests, detention, and torture. In accordance with article 58(1) of the African Charter, the Commission determined that such...
Source-derived case information.
- Citation
- [2017] ACHPR 3
- Parties
- Applicant: Lawyers Committee for Human Rights; Respondent: Government of Zaire
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 47 of 1990
- Procedural Posture
- Public International Law / Final Decision
- Outcome
- The Commission found evidence of serious or massive violations of human and peoples' rights and decided to call the attention of the Assembly of Heads of State and Government under article 58(1) of the African Charter.
- Legal Topics
- Arbitrary Arrest, Detention Without Trial, Torture, Massive Human Rights Violations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lawyers Committee for Human Rights
Applicant
Government of Zaire
Respondent
Procedural Posture
Public International Law / Final Decision
Legal Issues
- 1 Whether the Government of Zaire committed serious or massive violations of human and peoples' rights under the African Charter.
- 2 Whether the evidence presented justifies calling the attention of the Assembly of Heads of State and Government under article 58(1) of the African Charter.
Ratio Decidendi
The Commission found that the evidence established the existence of a series of serious or massive violations of human and peoples' rights by the Government of Zaire, including arbitrary arrests, detention, and torture. In accordance with article 58(1) of the African Charter, the Commission determined that such violations warranted the attention of the Assembly of Heads of State and Government. The decision was based on the gravity and scale of the violations, the lack of effective response or remedy by the respondent, and the obligations imposed by the Charter to protect fundamental rights.
Court Disposition
The Commission found evidence of serious or massive violations of human and peoples' rights and decided to call the attention of the Assembly of Heads of State and Government under article 58(1) of the African Charter.
Orders
- The attention of the Assembly of Heads of State and Government is called to the situation in Zaire as per article 58(1) of the African Charter.
Full Case Text
Judgment text and source record
8 paragraphs
### **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
# **LAWYERS COMMITTEE FOR HUMAN RIGHTS v. ZAIRE**
### **DECISION**
Citation: Lawyers Comm. for Human Rights v. Zaire, Comm. 47/90, 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 358 (2002); Documents of the African Commission on Human and Peoples' Rights, at 350 (Malcolm D. Evans & Rachel Murray eds., 2001; (2000) AHRLR 71 (ACHPR 1994)
## COMMUNICATION ON VIOLATIONS OF HUMAN RIGHTS BY THE GOVERNMENT OF ZAIRE INCLUDING ARBITRARY ARRESTS, DETENTION AND TORTURE
#### FINAL DECISION
[1] The Commission admits evidence of the existence of a series of serious or massive violations of human and peoples' rights and decides under article 58(1) of the African Charter to call the attention of the Assembly of Heads of State and Government to the situation.