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Houver v Morocco (Communication 41 of 1990) [1990] ACHPR 5 (28 April 1990)
- Citation
- [1990] ACHPR 5
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 41 of 1990
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 41 of 1990
- 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, the respondent State, was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint. The Commission's jurisdiction is limited to communications against States that have ratified the Charter. As such, the complaint could not be entertained under the Commission's rules, specifically Article 101 of the Rules of Procedure.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible under Article 101 of the Rules of Procedure.
02
Material facts
Parties
Andre Houver
ApplicantMorocco
Respondent03
Procedural history
Posture
Communication / 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 alleged political imprisonment and other wrongdoing by the respondent State, seeking redress under the African Charter on Human and Peoples' Rights.
- Respondent
- Morocco did not submit arguments, as the communication was dismissed on procedural grounds.
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 it is 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 declared the communication inadmissible because Morocco, the respondent State, was not a party to the African Charter on Human and Peoples' Rights at the time of the complaint. The Commission's jurisdiction is limited to communications against States that have ratified the Charter. As such, the complaint could not be entertained under the Commission's rules, specifically Article 101 of the Rules of Procedure.
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
25 April 1990 Communication No. 41/90
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Seventh Ordinary Session 18-28 April 1990
ANDRE HOUVER v. MOROCCO
DECISION
Citation: Houver v. Morocco, Comm. 41/90, 7th ACHPR AAR Annex IX (1993–1994) Publications: Documents of the African Commission on Human and Peoples' Rights, at 344 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ALLEGED POLITICAL IMPRISONMENT AND OTHER WRONG DOING, DATED, MARCH 28, 1990
- [1] The African Commission on Human and Peoples' Rights; established under Article 30 of the African Charter on Meeting at its Seventh Ordinary Session held from 18 to 28 April, 1990 in Banjul (The Gambia); - [2] Has taken the following decision: - [3] At its sitting on Wednesday 25 April 1990; - [4] Considering that the communication is directed against a State non-party to the African Charter; - [5] Declares the communication inadmissible. (Article 101 of the Rules of Procedure).
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