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Kofi v Ghana (Communication 6 of 1988) [1988] ACHPR 15 (26 October 1988)
- Citation
- [1988] ACHPR 15
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 6 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 6 of 1988
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission held that it lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Ghana was not a party to the Charter at the time of the communication, the complaint was declared inadmissible pursuant to Article 101 of the Commission's Rules of Procedure.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Dr. Kodji Kofi
ApplicantRepublic of Ghana
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
Whether the communication is admissible against a State not party to the African Charter on Human and Peoples' Rights.
Party arguments
- Applicant
- The applicant alleged arrest and detention without trial by the respondent State, seeking redress under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent State did not submit arguments, as the matter was determined on the basis of its status under 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 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 held that it lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. Since Ghana was not a party to the Charter at the time of the communication, the complaint was declared inadmissible pursuant to Article 101 of the Commission's 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 Fourth Ordinary Session 17-26 October 1988
DR. KODJI KOFI v. GHANA
DECISION
Citation: Kodji Kofi v. Ghana, Comm. 6/88, 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 132 (2002); Documents of the African Commission on Human and Peoples' Rights, at 338 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ARREST AND DETENTION WITHOUT TRIAL, DATED APRIL 11, 1988
- [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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