Baes v Zaire (Communication 31 of 1989)
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 closed the file on a communication alleging arbitrary detention in breach of Articles 6 and 7 of the African Charter. The complainant failed to respond to Commission inquiries and the detained person had been released. The Commission decided not to proceed where the author showed no interest in continuing the case.
Outcome
Communication closed due to complainant's failure to pursue and release of detained person
Facts
Maria Baes, a Danish national, submitted a communication on behalf of Dr. Shambuyi Naiadia Kandola of the University of Kinshasha, Zaire. She alleged that Dr. Kandola was detained without charge in April 1988 for purely political reasons in breach of Articles 6 and 7 of the African Charter on Human and Peoples' Rights. The complainant subsequently failed to respond to inquiries from the Commission. The Commission learned that the detained person had been released.
Issues
- Whether the Commission should proceed with a communication where the complainant has failed to respond to inquiries and shows no interest in pursuing the case.
Orders
- File closed.
- Commission decides not to proceed with the case.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights Article 6
- African Charter on Human and Peoples' Rights Article 7
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.