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International PEN v Burkina Faso (Communication 22 of 1988) [1994] ACHPR 7 (27 April 1994)
- Citation
- [1994] ACHPR 7
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Decision
- Case number
- Communication 22 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Decision
- Case number
- Communication 22 of 1988
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission determined that since Mr. Ernest N. Ouedraogo had been released prior to the session, the alleged violation had ceased. No further remedy was necessary, and the file was closed in accordance with Article 56 of the African Charter on Human and Peoples' Rights.
Court disposition
file closed
Orders
- The file is closed.
02
Material facts
Parties
International PEN
ApplicantBurkina Faso
Respondent03
Procedural history
Posture
Communication / Decision
04
Questions and positions
Legal issues
- 01
Whether the detention of Mr. Ernest N. Ouedraogo constituted a violation of the African Charter on Human and Peoples' Rights.
- 02
Whether the release of Mr. Ernest N. Ouedraogo renders the communication moot.
Party arguments
- Applicant
- The applicant alleged that Mr. Ernest N. Ouedraogo was wrongfully detained in violation of the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent did not submit arguments, but Mr. Ernest N. Ouedraogo was released on 4 August 1989, prior to the Commission's decision.
05
Court’s reasoning
Legal principles
- 01
Article 56 of the African Charter on Human and Peoples' Rights
A communication may be closed if the alleged violation has ceased and no further remedy is required.
06
Ratio, limits and disposition
Ratio decidendi
The Commission determined that since Mr. Ernest N. Ouedraogo had been released prior to the session, the alleged violation had ceased. No further remedy was necessary, and the file was closed in accordance with Article 56 of the African Charter on Human and Peoples' Rights.
Court disposition
file closed
- The file is closed.
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 Fifteenth Ordinary Session 18-27 April 1994
INTERNATIONAL PEN v. BURKINA FASO
DECISION
BEFORE: CHAIRMAN: Prof. Isaac Nguema
VICE CHAIRMAN: Prof. Mohammed Hatem Ben Salem COMMISSIONERS: Mr. Sourahata B. S Janneh,, Justice Robert H. Kisanga, Dr. Ibrahim A Badawi EL Sheikh, Prof. U. O Umozurike, Mr. Youssoupha Ndiaye, Dr. Emmanuel E. V. O. Dankwa, Mrs. Vera Valentina Duarte Martins.
Citation: Int'l PEN v. Burk. Faso, Comm. 22/88 , 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 42 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 47 (ACHPR 1994)
COMMUNICATION ON ALLEGED WRONGFUL DETENTION (NOT DATED)
- [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 Fifteenth Ordinary Session held in Banjul, The Gambia, from 18 to 27 April 1994; - [3] Considering that Mr. Ernest N. Ouedraogo has been released on 4 August 1989; - [4] Declares that the file be closed. (Article 56 of the Charter).
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