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Austrian Committee Against Torture v Morocco (Communication 20 of 1988) [1989] ACHPR 4 (4 November 1989)
- Citation
- [1989] ACHPR 4
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 20 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 20 of 1988
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission declared the communication inadmissible because Morocco is not a party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to states that have ratified the Charter, and communications against non-party states cannot be entertained. This principle is codified in Article 101 of the Rules of Procedure, which governs admissibility of communications before the Commission.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible under Article 101 of the Rules of Procedure.
02
Material facts
Parties
Austrian Committee Against Torture
ApplicantMorocco
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the African Commission 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 admissibility requirements under the Rules of Procedure.
Party arguments
- Applicant
- The applicant alleged wrongful arrest and false imprisonment 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 did not submit arguments.
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 declared the communication inadmissible because Morocco is not a party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to states that have ratified the Charter, and communications against non-party states cannot be entertained. This principle is codified in Article 101 of the Rules of Procedure, which governs admissibility of communications before the Commission.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible under Article 101 of the Rules of Procedure.
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. 20/88
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989
AUSTRIAN COMMITTEE AGAINST TORTURE v. MOROCCO
DECISION
Citation: Austrian Comm. Against Torture v. Morocco, Comm. 20/88, Unpublished (19931994) Alt. Style of Cause: Australian Committee Against Torture v. Morocco Publications: Documents of the African Commission on Human and Peoples' Rights, at 341 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON WRONGFUL ARREST AND FALSE IMPRISONMENT
- [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).
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