[1988] ACHPR 6
The African Commission on Human and Peoples' Rights determined that it lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Ethiopia is not a party to the Charter, the communication is inadmissible under Article 56 of the Charter...
Source-derived case information.
- Citation
- [1988] ACHPR 6
- Parties
- Applicant: Dr. Abd Eldayem A. E. Sanussi; Respondent: Ethiopia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 14 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- African Charter on Human and Peoples Rights, Admissibility of Communications, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Abd Eldayem A. E. Sanussi
Applicant
Ethiopia
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the communication is admissible against a State that is not a party to the African Charter on Human and Peoples' Rights.
Ratio Decidendi
The African Commission on Human and Peoples' Rights determined that it lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Ethiopia is not a party to the Charter, the communication is inadmissible under Article 56 of the Charter and Article 101 of the Rules of Procedure. The Commission therefore declared the communication inadmissible without considering the merits.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
10 paragraphs
**17-26 October 1988 Communication No. 14/88**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988**
## **DR. ABD ELDAYEM A. E. SANUSSI v. ETHIOPIA**
## **DECISION**
[Citation: Sanussi v. Eth.](http://www.worldcourts.com/achpr/eng/decisions/1988.10_Abd_Eldayem_Sanussi_v_Ethiopia.htm), Comm. 14/88, 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 96 (2002); Documents of the African Commission on Human and Peoples' Rights, at 340 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ABOUT ARBITRARY DETENTION, DATED FEBRUARY 29, 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, Article 56 of the Charter).