Eugene v USA and Anor (Communication 37 of 1990)
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 a communication inadmissible where it was directed against the USA and Haiti, both non-party states to the African Charter. The Commission held that it lacks jurisdiction to consider complaints against states that have not ratified the Charter, applying Article 101 of its Rules of Procedure.
Outcome
Communication inadmissible due to lack of jurisdiction over non-party states
Facts
Georges Eugene filed a communication dated 23 March 1990 alleging ill-treatment by the USA and Haiti. The communication was considered by the African Commission at its Seventh Ordinary Session held from 18 to 28 April 1990 in Banjul, The Gambia. The Commission noted that both respondent states were not parties to the African Charter on Human and Peoples' Rights.
Issues
- Whether the African Commission has jurisdiction to consider a communication directed against states that are not 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 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.