Abebe v Ethiopia (Communication 10 of 1988)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission on Human and Peoples' Rights declared the communication inadmissible on the ground that it was directed against Ethiopia, a State which was not a party to the African Charter on Human and Peoples' Rights at the time. The Commission lacks jurisdiction to consider communications against non-State parties to the Charter.
Outcome
Communication inadmissible for lack of jurisdiction
Facts
Getachew Abebe filed a communication dated 1 June 1988 against Ethiopia alleging false imprisonment and deprivation of property. The communication was considered by the African Commission on Human and Peoples' Rights at its fourth ordinary session held from 17 to 26 October 1988. At the time the communication was filed and considered, Ethiopia was not a party to the African Charter on Human and Peoples' Rights.
Issues
- Whether the African Commission has jurisdiction to consider a communication directed against a State which is not a party to the African Charter on Human and Peoples' Rights.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights art.30
- Rules of Procedure of the African Commission on Human and Peoples' Rights art.101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.