Austrian Committee Against Torture v Morocco (Communication 20 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 because Morocco was not a party to the African Charter on Human and Peoples' Rights. The Commission lacks jurisdiction to consider communications against non-State parties to the Charter.
Outcome
Communication dismissed for lack of jurisdiction
Facts
The Austrian Committee Against Torture filed a communication with the African Commission on Human and Peoples' Rights alleging wrongful arrest and false imprisonment against Morocco. The communication was brought under the African Charter on Human and Peoples' Rights. At the time of the communication, Morocco was not a party to the African Charter.
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.
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.