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Centre Haitien des Libertes Publiques v Ethiopia (Communication 21 of 1988) [1989] ACHPR 7 (4 November 1989)
- Citation
- [1989] ACHPR 7
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 21 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 21 of 1988
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission held that it could not consider the communication because Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the material time. The Charter and the Commission's Rules of Procedure require that only communications against states parties to the Charter are admissible. Since Ethiopia had not ratified or acceded to the Charter, the Commission lacked jurisdiction to entertain the complaint, rendering it inadmissible.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Centre Haitien des Libertés Publiques
ApplicantEthiopia
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
Whether the African Commission on Human and Peoples' Rights can 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 submitted a communication alleging extra-judicial executions by Ethiopia, seeking the Commission's intervention under the African Charter on Human and Peoples' Rights.
- Respondent
- Ethiopia did not submit arguments, but the Commission considered the admissibility of the communication in light of Ethiopia's status regarding the 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 that is not a party to the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The Commission held that it could not consider the communication because Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the material time. The Charter and the Commission's Rules of Procedure require that only communications against states parties to the Charter are admissible. Since Ethiopia had not ratified or acceded to the Charter, the Commission lacked jurisdiction to entertain the complaint, rendering it inadmissible.
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. 21/88
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989
CENTRE HAITIEN DES LIBERTÉS PUBLIQUES v. ETHIOPIA
DECISION
Citation: Ctr. Haitien Des Libertés Publiques v. Eth., Comm. 21/88, 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 96 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON EXTRA-JUDICIAL EXECUTIONS, DATED JANUARY 20 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" (Article 101 of the Rules of Procedure).
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