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Commission Francaise Justice et Paix v Ethiopia (Communication 29 of 1989) [1989] ACHPR 6 (4 November 1989)
- Citation
- [1989] ACHPR 6
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Preliminary Admissibility
- Case number
- Communication 29 of 1989
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Human Rights Communication / Preliminary Admissibility
- Case number
- Communication 29 of 1989
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission held that since Ethiopia is not a party to the African Charter on Human and Peoples' Rights, the communication cannot be entertained. The Commission's jurisdiction is limited to States that have ratified the Charter, and communications against non-party States are inadmissible under Article 101 of its Rules of Procedure.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible pursuant to Article 101 of the Rules of Procedure.
02
Material facts
Parties
Commission Francaise Justice et Paix
ApplicantEthiopia
Respondent03
Procedural history
Posture
Human Rights Communication / Preliminary Admissibility
04
Questions and positions
Legal issues
Whether the communication is admissible 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 denial of the right to life by Ethiopia, referencing violations under the African Charter on Human and Peoples' Rights.
- Respondent
- Ethiopia did not submit arguments, as the matter was disposed of on a preliminary point regarding its status as a non-party to 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 African Commission held that since Ethiopia is not a party to the African Charter on Human and Peoples' Rights, the communication cannot be entertained. The Commission's jurisdiction is limited to States that have ratified the Charter, and communications against non-party States are inadmissible under Article 101 of its Rules of Procedure.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible pursuant to 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
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989
COMMISSION FRANCAISE JUSTICE ET PAIX v. ETHIOPIA
DECISION
Citation: Comm'n Francaise Justice Et Paix v Eth., Comm. 29/89, 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 DENIAL OF THE RIGHT TO LIFE, DATED MARCH 3 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" (Article 101 of the Rules of Procedure).
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