Austrian Committee Against Torture v Burundi (Communication 26 of 1989)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission declared the communication inadmissible because it was directed against Burundi, a State that was not a party to the African Charter on Human and Peoples' Rights at the time. The Commission lacks jurisdiction over non-State parties to the Charter.
Outcome
Communication declared inadmissible for lack of jurisdiction
Facts
The Austrian Committee Against Torture filed a communication with the African Commission on Human and Peoples' Rights alleging mass arrests, detention, and torture in Burundi. The communication was dated March 31st and June 19th 1989. The matter came before the Commission at its Sixth Ordinary Session held from 23rd October to 4th November 1989. At the time the communication was filed, Burundi 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 that is not a party to the African Charter on Human and Peoples' Rights.
Orders
- Communication declared inadmissible under Article 101 of the Rules of Procedure.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights Article 30
- Rules of Procedure of the African Commission Article 101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.