Wakilii

Alphonse v DRC (Communication 15 of 1988)

African Commission on Human and Peoples' Rights · [1988] ACHPR 1 · 1988 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging false imprisonment
Decision
Communication inadmissible due to prior submission to another international human rights body

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 under Article 56(7) of the African Charter and Article 114 of its Rules of Procedure because the same matter had already been submitted to the Human Rights Committee established under the International Covenant on Civil and Political Rights.

Outcome

Communication inadmissible due to prior submission to another international human rights body

Facts

Mpaka-Nsusu Andre Alphonse filed a communication with the African Commission on Human and Peoples' Rights dated 12 September 1988, alleging false imprisonment by the Democratic Republic of Congo. The same communication had previously been referred to the Human Rights Committee established under the International Covenant on Civil and Political Rights.

Issues

  1. Whether the communication is admissible before the African Commission given that it had already been referred to the Human Rights Committee under the International Covenant on Civil and Political Rights.

Orders

  • Communication declared inadmissible.

Rules and key headnotes

Human Rights — Admissibility — Parallel Proceedings Before International Bodies
A communication is inadmissible before the African Commission on Human and Peoples' Rights where the same matter has already been submitted to another international human rights mechanism such as the Human Rights Committee under the International Covenant on Civil and Political Rights.

Legislation cited (2)

  • African Charter on Human and Peoples' Rights Article 56(7)
  • Rules of Procedure of the African Commission Article 114

Full judgment

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

Alphonse v DRC (Communication 15 of 1988) [1988] ACHPR 1 (8 October 1988)
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.