Alphonse v DRC (Communication 15 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 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
- 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
Legislation cited (2)
- African Charter on Human and Peoples' Rights Article 56(7)
- Rules of Procedure of the African Commission Article 114
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.