Wakilii

Achutan and Others v Malawi (Communication 64 of 1992; Communication 68 of 1992; Communication 78 of 1992)

African Commission on Human and Peoples' Rights · [1994] ACHPR 10 · 1994 Communications Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communications to the African Commission on Human and Peoples' Rights alleging wrongful detention and denial of rights
Decision
Communications upheld; violations found; matter referred to Assembly of Heads of State and Government

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found that Malawi violated articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights through wrongful detention and denial of rights. The matter was referred to the Assembly of Heads of State and Government under article 58(1) of the Charter.

Outcome

Communications upheld; violations found; matter referred to Assembly of Heads of State and Government

Facts

Three separate communications were filed with the African Commission on Human and Peoples' Rights concerning alleged wrongful detentions and denial of rights in Malawi. Krischna Achutan filed on behalf of Aleke Banda, and Amnesty International filed two separate communications on behalf of Orton and Vera Chirwa. The communications alleged violations of the African Charter on Human and Peoples' Rights.

Issues

  1. Whether the state breached article 4 of the African Charter on Human and Peoples' Rights.
  2. Whether the state breached article 5 of the African Charter on Human and Peoples' Rights.
  3. Whether the state breached article 7 of the African Charter on Human and Peoples' Rights.

Orders

  • The Commission finds that the state is in breach of articles 4, 5 and 7 of the African Charter on Human and Peoples' Rights.
  • The situation is referred to the Assembly of Heads of State and Government under article 58(1) of the Charter on Human and Peoples' Rights.

Rules and key headnotes

Human Rights — African Charter on Human and Peoples' Rights — Wrongful Detention — State Obligations
A state breaches articles 4, 5, and 7 of the African Charter on Human and Peoples' Rights where it engages in wrongful detention and denies fundamental rights to detainees.

Legislation cited (4)

  • African Charter on Human and Peoples' Rights art.4
  • African Charter on Human and Peoples' Rights art.5
  • African Charter on Human and Peoples' Rights art.7
  • African Charter on Human and Peoples' Rights art.58(1)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Achutan and Others v Malawi (Communication 64 of 1992; Communication 68 of 1992; Communication 78 of 1992) [1994] ACHPR 10 (27 April 1994)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.