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Austrian Committee Against Torture v Burundi (Communication 26 of 1989) [2018] ACHPR 14 (7 September 2018)
- Citation
- [2018] ACHPR 14
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 26 of 1989
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 26 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 consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Burundi was not a party to the Charter at the time of the communication, the Commission declared the communication inadmissible under Article 101 of its Rules of Procedure.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Austrian Committee Against Torture
ApplicantBurundi
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the African Commission on Human and Peoples' Rights has jurisdiction to consider a communication against a State not party to the African Charter on Human and Peoples' Rights.
- 02
Whether the communication meets the admissibility requirements under Article 101 of the Rules of Procedure.
Party arguments
- Applicant
- The applicant submitted communications alleging mass arrests, detention, and torture by the respondent State, seeking intervention and remedies under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent State did not submit arguments, but the Commission considered the respondent's status as a non-party to the African Charter.
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 not 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 consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Burundi was not a party to the Charter at the time of the communication, the Commission declared the communication inadmissible under Article 101 of its Rules of Procedure.
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
23 October – 4 November 1989 Communication No. 26/89
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989
AUSTRIAN COMMITTEE AGAINST TORTURE v. BURUNDI
DECISION
Citation: Austrian Comm. Against Torture v. Burundi, Comm. 26/89, 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 53 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ABOUT MASS ARRESTS, DETENTION, TORTURE, ETC, DATED MARCH 31, AND JUNE 19, 1989
- [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" (Decision of November 4, 1989 Article 101 of the Rules of Procedure).
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