Wakilii

Austrian Committee Against Torture v Morocco (Communication 20 of 1988)

African Commission on Human and Peoples' Rights · [1989] ACHPR 4 · 1989 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 wrongful arrest and false imprisonment
Decision
Communication dismissed for lack of jurisdiction

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

  1. 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

Human Rights — African Charter on Human and Peoples' Rights — Jurisdiction — Ratione Personae
The African Commission on Human and Peoples' Rights has no jurisdiction to consider communications directed against States that are not parties to the African Charter on Human and Peoples' Rights.

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

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

Austrian Committee Against Torture v Morocco (Communication 20 of 1988) [1989] ACHPR 4 (4 November 1989)
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.