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Parish v Indonesia (Communication 38 of 1990) [1990] ACHPR 8 (28 April 1990)
- Citation
- [1990] ACHPR 8
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 38 of 1990
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 38 of 1990
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. As Indonesia is not a party to the Charter, the communication is inadmissible under Article 101 of the Rules of Procedure.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
02
Material facts
Parties
Wesley Parish
ApplicantIndonesia
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the African Commission has jurisdiction to consider a communication against a State that is not a party to the African Charter on Human and Peoples' Rights.
- 02
Whether the communication meets the admissibility requirements under the Rules of Procedure.
Party arguments
- Applicant
- The applicant alleged illegalities committed by Indonesia and sought the intervention of the African Commission on Human and Peoples' Rights.
- Respondent
- Indonesia did not submit arguments, as it is not a party to the African Charter on Human and Peoples' Rights.
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 a State that is not a party to the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. As Indonesia is not a party to the Charter, the communication is inadmissible under Article 101 of the 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
18-28 April 1990 Communication No. 38/90
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Seventh Ordinary Session 18-28 April 1990
WESLEY PARISH v. INDONESIA
DECISION
Citation: Parish v. Indon., Comm. 38/90, 7th ACHPR AAR Annex IX (1993–1994) Publications: Documents of the African Commission on Human and Peoples' Rights, at 344 (Malcolm D. Evans & Rachel Murray eds., 2001)
ALLEGED ILLEGALITIES COMMITTED BY INDONESIA
[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 Seventh Ordinary Session held from 18 to 28 April 1990;
[3] Considering that the communication is directed against a State non-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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