Ihebereme v USA (Communication 2 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 it was directed against the United States of America, a state which is not party to the African Charter on Human and Peoples' Rights. The Commission lacks jurisdiction over non-party states regardless of the merits of the allegations.
Outcome
Communication inadmissible due to lack of jurisdiction over non-party state
Facts
On 13 July 1987, the applicant alleged false imprisonment and police brutality. The applicant brought a communication before the African Commission on Human and Peoples' Rights against the United States of America. The Commission considered the matter at its fourth ordinary session held from 17 to 26 October 1988.
Issues
- Whether the African Commission has jurisdiction to consider a communication directed against a state that is 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 art.30
- Rules of Procedure of the African Commission art.101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.