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Centre of the Independence of Judges and Lawyers v Algeria (Communication 104 of 1994; Communication 109 of 1994; Communication 126 of 1994)

African Commission on Human and Peoples' Rights · [2017] ACHPR 140 · 2017 Communications Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communications before the African Commission on Human and Peoples' Rights concerning alleged harassment and persecution of judges and lawyers
Decision
Communications dismissed as inadmissible for failure to identify specific victims with sufficient detail

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communications inadmissible. The communications failed to meet admissibility requirements because they did not identify specific victims with adequate detail. The report contained general allegations of harassment and persecution of judges and lawyers across multiple countries but lacked specific places, dates, times, and in some cases names of aggrieved parties. The author was not an alleged victim, the communication was not submitted in the name of specific victims, and the information was insufficient to permit Commission action.

Outcome

Communications dismissed as inadmissible for failure to identify specific victims with sufficient detail

Facts

The Centre for the Independence of Judges and Lawyers of Geneva, Switzerland submitted a report to the African Commission describing harassment and persecution of judges and lawyers in 53 countries including 18 African state parties to the African Charter. The report documented incidents including murder, torture, intimidation and threats, and described features of court systems such as military courts and special tribunals. The communication did not specify which facts constituted violations or what remedy was sought. The report contained general allegations without specific places, dates, and times of incidents. In some cases incidents were cited without naming aggrieved parties, with numerous references to anonymous lawyers and judges.

Issues

  1. Whether the communications satisfied the admissibility requirements under Article 56 of the African Charter and Rule 114(3) of the Commission's Rules of Procedure.
  2. Whether the communications provided sufficient specificity regarding victims to permit the Commission to intervene or investigate.

Orders

  • Communications declared inadmissible.

Rules and key headnotes

Human Rights — Admissibility of Communications — Requirement to Identify Victims
A communication before the African Commission on Human and Peoples' Rights must identify specific victims with sufficient detail to permit the Commission to intervene or investigate, and communications containing only general allegations without specific places, dates, times, and names of aggrieved parties will be declared inadmissible.
Administrative Law — Standing — Author Must Be Victim or Submit on Behalf of Specific Victim
Under Article 56 of the African Charter and Rule 114(3) of the Commission's Rules of Procedure, the author of a communication must either be an alleged victim or submit the communication in the name of a specific victim who is unable to submit it themselves, and a communication that satisfies neither requirement will be inadmissible.

Legislation cited (2)

  • African Charter on Human and Peoples' Rights Article 56
  • Rules of Procedure of the African Commission on Human and Peoples' Rights Rule 114(3)

Full judgment

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

Centre of the Independence of Judges and Lawyers v Algeria (Communication 104 of 1994; Communication 109 of 1994; Communication 126 of 1994) [2017] ACHPR 140 (13 July 2017)
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.