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Achutan and Others v Malawi (Communication 64 of 1992; Communication 68 of 1992; Communication 78 of 1992) [1994] ACHPR 10 (27 April 1994)
- Citation
- [1994] ACHPR 10
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Final Decision
- Case number
- Communication 64 of 1992 ; Communication 68 of 1992 ; Communication 78 of 1992
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Final Decision
- Case number
- Communication 64 of 1992 ; Communication 68 of 1992 ; Communication 78 of 1992
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission determined that Malawi's actions constituted a breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights, as the detentions were wrongful and the detainees were denied their fundamental rights. The Commission found that the state failed to provide adequate justification for the detentions and did not comply with the Charter's requirements regarding due process and protection from torture. As a result, the Commission decided to refer the situation to the Assembly of Heads of State and Government under article 58(1) of the Charter for further consideration and action.
Court disposition
breach_found_and_referral_to_assembly
Orders
- The Commission finds Malawi in breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights.
- The situation is referred to the Assembly of Heads of State and Government under article 58(1) of the Charter.
02
Material facts
Parties
Krishna Achutan (on behalf of Aleke Banda)
ApplicantAmnesty International (on behalf of Orton and Vera Chirwa)
ApplicantMalawi
Respondent03
Procedural history
Posture
Human Rights Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the detention of Aleke Banda, Orton Chirwa, and Vera Chirwa violated their rights under the African Charter on Human and Peoples' Rights.
- 02
Whether Malawi breached articles 4, 5, and 7 of the African Charter by its actions.
- 03
Whether the situation warrants referral to the Assembly of Heads of State and Government under article 58(1) of the Charter.
Party arguments
- Applicant
- The applicants alleged that the detentions were wrongful and that the detainees were denied fundamental rights guaranteed under the African Charter on Human and Peoples' Rights, specifically the right to life, protection from torture, and due process.
- Respondent
- Malawi did not provide sufficient justification for the detentions and failed to demonstrate compliance with the relevant provisions of the African Charter on Human and Peoples' Rights.
05
Court’s reasoning
Legal principles
- 01
African Charter on Human and Peoples' Rights, Articles 4, 5, and 7
States must respect and uphold the rights to life, protection from torture, and due process as enshrined in the African Charter on Human and Peoples' Rights.
- 02
African Charter on Human and Peoples' Rights, Article 58(1)
Where a state is found to be in breach of the Charter, the Commission may refer the situation to the Assembly of Heads of State and Government under article 58(1).
06
Ratio, limits and disposition
Ratio decidendi
The Commission determined that Malawi's actions constituted a breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights, as the detentions were wrongful and the detainees were denied their fundamental rights. The Commission found that the state failed to provide adequate justification for the detentions and did not comply with the Charter's requirements regarding due process and protection from torture. As a result, the Commission decided to refer the situation to the Assembly of Heads of State and Government under article 58(1) of the Charter for further consideration and action.
Obiter and limits
- The Commission reiterates the importance of member states adhering to their obligations under the African Charter.
- Referral to the Assembly of Heads of State and Government is warranted in cases of serious or massive violations.
Court disposition
breach_found_and_referral_to_assembly
- The Commission finds Malawi in breach of articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights.
- The situation is referred to the Assembly of Heads of State and Government under article 58(1) of the Charter.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
KRISCHNA ACHUTAN (ON BEHALF OF ALEKE BANDA), AMNESTY INTERNATIONAL (ON BEHALF OF ORTON AND VERA CHIRWA), AMNESTY INTERNATIONAL (ON BEHALF OF ORTON AND VERA CHIRWA) v.
MALAWI
DECISION
| | Citation: Achutan v. Malawi, Comm. 64/92, 68/92, 78/92, 7th ACHPR AAR Annex IX | |---------------|----------------------------------------------------------------------------------| | | (1993–1994) | | | Alt. Style of Cause: 64/92 Krishna Achuthan vs. Malawi (October 10, 1991); 68/92 | | | Amnesty International vs. Malawi (March 2, 1992); 78/92 Amnesty | | | International vs. Malawi (October 6, 1992) | | 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 155 (2002); Documents | | | of the African Commission on Human and Peoples' Rights, at 347 | | | (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 143 | | | (ACHPR 1994) |
COMMUNICATION ON ALLEGED WRONGFUL DETENTIONS AND DENIAL OF RIGHTS
FINAL DECISION
[1] The Commission finds that the state is in breach articles 4, 5 and 7 of the African Charter on Human and Peoples' Rights and decides to refer the situation to the Assembly of Heads of State and Government under article 58(1) of the Charter on Human and Peoples' Rights.
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