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International Pen v Chad (Communication 55 of 1991) [1995] ACHPR 8 (22 March 1995)
- Citation
- [1995] ACHPR 8
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 55 of 1991
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 55 of 1991
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission determined that, since the communication was withdrawn after the release or death of the prisoner concerned, there was no longer a live issue for adjudication. In accordance with Article 114 of the Rules of Procedure and Article 56 of the African Charter, the Commission closed the case as the circumstances giving rise to the complaint had ceased to exist, rendering the communication moot.
Court disposition
case_closed
Orders
- The case is closed following the withdrawal of the communication.
02
Material facts
Parties
International PEN
ApplicantRepublic of Chad
Respondent03
Procedural history
Posture
Communication / Final Decision
04
Questions and positions
Legal issues
Whether the communication should be closed following the release or death of the prisoner concerned.
Party arguments
- Applicant
- The applicant alleged false imprisonment of an individual in Chad and sought intervention by the Commission.
- Respondent
- The respondent did not submit arguments as the communication was withdrawn following the release or death of the prisoner.
05
Court’s reasoning
Legal principles
- 01
Article 114 of the Rules of Procedure; Article 56 of the African Charter on Human and Peoples' Rights
A communication may be closed if the subject matter is resolved or no longer exists, such as by release or death of the prisoner.
06
Ratio, limits and disposition
Ratio decidendi
The Commission determined that, since the communication was withdrawn after the release or death of the prisoner concerned, there was no longer a live issue for adjudication. In accordance with Article 114 of the Rules of Procedure and Article 56 of the African Charter, the Commission closed the case as the circumstances giving rise to the complaint had ceased to exist, rendering the communication moot.
Court disposition
case_closed
- The case is closed following the withdrawal of the communication.
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
INTERNATIONAL PEN v. CHAD
DECISION
Citation: Int'l PEN v. Chad, Comm. 55/91, 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 72 (2002); Documents of the African Commission on Human and Peoples' Rights, at 346 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 66 (ACHPR 1994)
COMMUNICATION ON ALLEGED FALSE IMPRISONMENT DATED 27 MARCH 1991
FINAL DECISION
[1] "Following the withdrawal of the communication dated 31 August 1993 following the release or the death of the prisoner concerned, the Commission closes the case." (Article 114 of the Rules of Procedure; Article 56 of the Charter.)
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