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Amnesty International v Tunisia (Communication 69 of 1992) [1993] ACHPR 9 (7 April 1993)
- Citation
- [1993] ACHPR 9
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 69 of 1992
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 69 of 1992
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission found that the communication submitted by Amnesty International was inadmissible because it concerned a matter that had already been settled in accordance with the principles of the African Charter on Human and Peoples' Rights or other relevant international instruments. Article 56(7) of the Charter expressly precludes the Commission from considering communications on cases that have been resolved under the Charter, the United Nations Charter, the Charter of the Organisation of African Unity, or the provisions of the present Charter. The Commission, therefore, declined to consider the merits of the allegations of wrongful detention and torture, as the procedural bar of prior settlement applied.
Court disposition
communication declared inadmissible
Orders
- The communication of Amnesty International against the Republic of Tunisia is declared inadmissible pursuant to Article 56(7) of the African Charter on Human and Peoples' Rights.
02
Material facts
Parties
Amnesty International
ApplicantRepublic of Tunisia
Respondent03
Procedural history
Posture
Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the communication is admissible under Article 56(7) of the African Charter on Human and Peoples' Rights.
- 02
Whether the case has already been settled in accordance with the principles of the Charter or relevant international instruments.
Party arguments
- Applicant
- Amnesty International alleged wrongful detention and torture by the Republic of Tunisia, seeking redress under the African Charter on Human and Peoples' Rights.
- Respondent
- The Republic of Tunisia argued that the matter had already been settled in accordance with the principles of the Charter or relevant international instruments, rendering the communication inadmissible.
05
Court’s reasoning
Legal principles
- 01
Article 56(7) of the African Charter on Human and Peoples' Rights
A communication is inadmissible if it deals with cases already settled in accordance with the principles of the Charter or relevant international instruments.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission found that the communication submitted by Amnesty International was inadmissible because it concerned a matter that had already been settled in accordance with the principles of the African Charter on Human and Peoples' Rights or other relevant international instruments. Article 56(7) of the Charter expressly precludes the Commission from considering communications on cases that have been resolved under the Charter, the United Nations Charter, the Charter of the Organisation of African Unity, or the provisions of the present Charter. The Commission, therefore, declined to consider the merits of the allegations of wrongful detention and torture, as the procedural bar of prior settlement applied.
Court disposition
communication declared inadmissible
- The communication of Amnesty International against the Republic of Tunisia is declared inadmissible pursuant to Article 56(7) of the African Charter on Human and Peoples' Rights.
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
29 March - 7 April 1993 Communication No. 69/92
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Thirteenth Ordinary Session 29 March - 7 April 1993
AMNESTY INTERNATIONAL v. TUNISIA
DECISION
Citation: Amnesty Int'l v. Tunis., Comm. 69/92, 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 357 (2002); Documents of the African Commission on Human and Peoples' Rights, at 347 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 319 (ACHPR 1994)
COMMUNICATION ON ALLEGED WRONGFUL DETENTION AND TORTURE, DATED 4 MARCH 1992
FINAL DECISION
- [1] "The African Commission on Human and Peoples' Rights, established under article 30 of the African Charter of the African Charter on Human and Peoples' Rights; - [2] Meeting at its 13th ordinary session, from 29 March to 7 April 1993 in Banjul, The Gambia; - [3] Considering articles 55 and 56 paragraph 7; - [4] Decides to declare the communication of Amnesty International against the Republic of Tunisia inadmissible pursuant to the relevant provisions of article 56 (7) which stipulates that communications submitted within the framework of Part II, Chapter III of the African Charter on Human and Peoples' Rights should necessarily "not deal with cases which have been settled in accordance with the principles of the Charter or the United Nations or the Charter of the Organisation of African Unity or the provisions of the present Charter".
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