[1995] ACHPR 4
The Commission determined that since the victim, Abdoulaye Mazou, had been released from detention and the issue underlying the complaint had been satisfactorily resolved, there was no longer a live dispute requiring adjudication. The continued detention after completion of sentence would have constituted a...
Source-derived case information.
- Citation
- [1995] ACHPR 4
- Parties
- Applicant: Annette Pagnoule; Respondent: Republic of Cameroon
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 39 of 1990
- Procedural Posture
- Communication / Final Decision
- Outcome
- file_closed
- Legal Topics
- Unlawful Detention, Right to Liberty, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Annette Pagnoule
Applicant
Republic of Cameroon
Respondent
Procedural Posture
Communication / Final Decision
Legal Issues
- 1 Whether the continued detention of Abdoulaye Mazou after completion of his sentence constituted a violation of his rights.
- 2 Whether the matter required further intervention by the Commission after the victim's release.
Ratio Decidendi
The Commission determined that since the victim, Abdoulaye Mazou, had been released from detention and the issue underlying the complaint had been satisfactorily resolved, there was no longer a live dispute requiring adjudication. The continued detention after completion of sentence would have constituted a violation, but the subsequent release rendered the matter moot. Accordingly, the Commission exercised its discretion to close the file, as the purpose of the communication had been achieved and no further remedy was necessary.
Court Disposition
file_closed
Orders
- The file is closed as the victim has been released and the issue satisfactorily resolved.
Full Case Text
Judgment text and source record
9 paragraphs
**Undated Communication No. 39/90**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
# **ANNETTE PAGNOULE v. CAMEROON**
## **DECISION**
Citation: Pagnoule v. Cameroon, Comm. 39/90, 8th ACHPR AAR Annex VI (1994–1995) 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 61 (2002); Documents of the African Commission on Human and Peoples' Rights, at 384 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 55 (ACHPR 1995)
#### COMPLAINT
[1] This communication was submitted by Anette Pagnoule of Amnesty International and concerns one Abdoulaye Mazou, a Cameroonian national who continues to be held in prison, despite completing, in April 1989, a five-year prison term.
#### DECISION
[2] The Commission decides to close the file because the victim has been released and the issue satisfactorily resolved.