Wakilii

Institute For Human Rights and Development v Democratic Republic of Congo (Communication 238 of 2001)

African Commission on Human and Peoples' Rights · [2002] ACHPR 35 · 2002 Communication Withdrawn AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights communication before the African Commission on Human and Peoples' Rights alleging violations of the African Charter
Decision
Communication withdrawn by complainant and file closed

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 took note of the complainant's withdrawal of the communication and decided to close the file. No substantive determination was made on the merits of the alleged violations of the African Charter.

Outcome

Communication withdrawn by complainant and file closed

Facts

The Institute for Human Rights and Development filed a communication on behalf of Mr Sedar Tumba Mboyo alleging that AFDL soldiers forcefully entered his residence, brutalised and intimidated his neighbourhood, and took him without warrant or explanation. He was bound hand and foot, subjected to interrogation for three days, and accused of inciting a popular uprising. He was then transferred to a former military camp where he was detained with other anti-Kabila protesters, beaten by guards, and held incommunicado for a total of twenty-three days. The complainant alleged these actions violated multiple articles of the African Charter on Human and Peoples' Rights. By letter dated 6 March 2002, counsel for the complainant informed the Commission that Mr Mboyo had requested withdrawal of the communication.

Orders

  • The Commission takes note of the withdrawal of the communication by the Complainant.
  • The Commission decides to close the file.

Legislation cited (9)

  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 18
  • African Charter on Human and Peoples' Rights Article 26

Full judgment

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

Institute For Human Rights and Development v Democratic Republic of Congo (Communication 238 of 2001) [2002] ACHPR 35 (16 May 2002)
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.