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Ihebereme v USA (Communication 2 of 1988) [1988] ACHPR 13 (26 October 1988)
- Citation
- [1988] ACHPR 13
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 2 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 2 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 the respondent state, USA, 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 under its 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
Iheanyichukwu A. Ihebereme
ApplicantUSA
Respondent03
Procedural history
Posture
Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the African Commission has jurisdiction over communications against states not party to the African Charter on Human and Peoples' Rights.
- 02
Whether the communication is admissible under Article 101 of the Rules of Procedure.
Party arguments
- Applicant
- The applicant alleged false imprisonment and police brutality by the respondent state on July 13, 1987, seeking redress under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent state did not submit arguments, as it is not a party to the African Charter on Human and Peoples' Rights.
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 the respondent state, USA, 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 under its 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
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988
IHEANYICHUKWU A. IHEBEREME v. USA
DECISION
Citation: Ihebereme v. USA, Comm. 2/88, 7th ACHPR AAR Annex IX (1993-1994) Publications: Documents of the African Commission on Human and Peoples' Rights, at 337 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON FALSE IMPRISONMENT, POLICE BRUTALITY, ETC. ON JULY 13, 1987
FINAL DECISION
- [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 fourth ordinary session from 17 to 26 October 1988; - [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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