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International PEN v Malawi and Others (Communication 19 of 1988) [1989] ACHPR 8 (4 November 1989)
- Citation
- [1989] ACHPR 8
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 19 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 19 of 1988
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission on Human and Peoples' Rights determined that it lacks jurisdiction to consider communications against states that are not parties to the African Charter on Human and Peoples' Rights. Since the communication was directed against Malawi, Ethiopia, Cameroon, and Kenya, none of which were parties to the Charter at the relevant time, the Commission declared the communication inadmissible pursuant to Article 101 of its Rules of Procedure.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
International PEN
ApplicantMalawi
RespondentEthiopia
RespondentCameroon
RespondentKenya
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the African Commission on Human and Peoples' Rights has jurisdiction over communications directed against states not parties to the African Charter on Human and Peoples' Rights.
- 02
Whether a communication is admissible if the respondent states are not parties to the Charter.
Party arguments
- Applicant
- The applicant submitted a communication alleging false imprisonment by the respondent states, seeking the Commission's intervention under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent states did not submit arguments, but the Commission considered the admissibility of the communication based on the status of the respondent states as parties 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 it is directed against states not parties to the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission on Human and Peoples' Rights determined that it lacks jurisdiction to consider communications against states that are not parties to the African Charter on Human and Peoples' Rights. Since the communication was directed against Malawi, Ethiopia, Cameroon, and Kenya, none of which were parties to the Charter at the relevant time, the Commission declared the communication inadmissible pursuant to Article 101 of its Rules of Procedure.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible.
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
INTERNATIONAL PEN v. MALAWI, ETHIOPIA, CAMEROON AND KENYA
DECISION
Citation: Int'l Pen v. Malawi, Comm. 19/88, 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 60 (2002); Documents of the African Commission on Human and Peoples' Rights, at 341 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON FALSE IMPRISONMENT, DATED AUGUST 30 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 States not parties 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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