Share
Association Internationale Des Jurists Democrates v Ethiopia (Communication 28 of 1989) [1989] ACHPR 5 (4 November 1989)
- Citation
- [1989] ACHPR 5
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 28 of 1989
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 28 of 1989
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission on Human and Peoples' Rights lacks jurisdiction to entertain communications against states that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Ethiopia is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The Commission's mandate is limited to states that have accepted the obligations of the Charter, and it cannot proceed against non-party states.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Association Internationale des Jurists Democrates
ApplicantEthiopia
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
Whether the African Commission on Human and Peoples' Rights has jurisdiction to consider a communication against a state that is not a party to the African Charter on Human and Peoples' Rights.
Party arguments
- Applicant
- The applicant alleged false imprisonment and destruction of property by the respondent state, seeking redress under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent state is not a party to the African Charter on Human and Peoples' Rights and therefore not subject to the Commission's jurisdiction.
05
Court’s reasoning
Legal principles
- 01
Article 101 of the Rules of Procedure of the African Commission on Human and Peoples' Rights
A communication is inadmissible if directed against a state that is not a party to the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission on Human and Peoples' Rights lacks jurisdiction to entertain communications against states that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Ethiopia is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The Commission's mandate is limited to states that have accepted the obligations of the Charter, and it cannot proceed against non-party states.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible.
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 Sixth Ordinary Session 23 October – 4 November 1989
ASSOCIATION INTERNATIONALE DES JURISTS DEMOCRATES v. ETHIOPIA
DECISION
- Citation: Ass'n Internationale Des Jurists Democrates v. Eth., Comm. 28/89, 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 97 (2002); Documents of the African Commission on Human and Peoples' Rights, at 343 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ALLEGED FALSE IMPRISONMENT, DESTRUCTION OF PROPERTY, ETC
- [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 sixth ordinary session held from 23 October to 4 November 1989; - [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).
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.