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Korvah v Liberia (Communication 1 of 1988) [1988] ACHPR 16 (26 October 1988)
- Citation
- [1988] ACHPR 16
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 1 of 1988
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Final Decision
- Case number
- Communication 1 of 1988
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission found that the communication was not properly addressed to it but rather to the Liberian government, failing the procedural requirement for admissibility. Furthermore, the Commission determined that the five matters described in the communication did not amount to violations of human rights as defined under the African Charter. Consequently, the communication was declared inadmissible under Article 114 of the Rules of Procedure and Article 56 of the Charter.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Frederick Korvah
ApplicantRepublic of Liberia
Respondent03
Procedural history
Posture
Communication / Final Decision
04
Questions and positions
Legal issues
- 01
Whether the communication was properly addressed to the African Commission on Human and Peoples' Rights.
- 02
Whether the matters described in the communication constitute violations of human rights under the African Charter.
Party arguments
- Applicant
- The applicant alleged issues relating to the situation in Liberia, including corruption and immorality, and sought the Commission's intervention under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent did not submit arguments as the communication was not formally addressed to the Commission and was found inadmissible on procedural and substantive grounds.
05
Court’s reasoning
Legal principles
- 01
Article 114 of the Rules of Procedure
A communication must be properly addressed to the African Commission to be considered.
- 02
Article 56 of the African Charter on Human and Peoples' Rights
Only matters amounting to violations of human rights under the Charter are admissible.
06
Ratio, limits and disposition
Ratio decidendi
The Commission found that the communication was not properly addressed to it but rather to the Liberian government, failing the procedural requirement for admissibility. Furthermore, the Commission determined that the five matters described in the communication did not amount to violations of human rights as defined under the African Charter. Consequently, the communication was declared inadmissible under Article 114 of the Rules of Procedure and Article 56 of the Charter.
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
FEDERICK KORVAH v. LIBERIA
DECISION
Citation: Korvah v. Liber., Comm. 1/88, 7th ACHPR AAR Annex IX (1993-1994) Alt. Style of Cause: Frederick Korvah v. Liberia 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 150 (2002); Documents of the African Commission on Human and Peoples' Rights, at 337 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 140 (ACHPR 1988)
COMMUNICATION ON THE SITUATION IN LIBERIA INCLUDING CORRUPTION, IMMORALITY, ETC (JULY 26, 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 held from 17 26 October 1988; - [3] Considering that the communication is not addressed to the Commission but to the Liberian government; - [4] Considering further that the five matters described in this communication do not amount to violations of human rights under the provisions of the Charter; - [5] Declares the communication inadmissible". (Article 114 of the Rules of Procedure Article 56 of the Charter).
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