International PEN v Malawi and Others (Communication 19 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 a communication alleging false imprisonment inadmissible because it was directed against States (Malawi, Ethiopia, Cameroon and Kenya) that were not parties to the African Charter on Human and Peoples' Rights. The Commission held that it lacked jurisdiction to consider communications against non-State parties to the Charter.
Outcome
Communication dismissed for lack of jurisdiction
Facts
International PEN filed a communication dated 30 August 1989 alleging false imprisonment against Malawi, Ethiopia, Cameroon and Kenya. The communication was brought before the African Commission on Human and Peoples' Rights at its sixth ordinary session held from 23 October to 4 November 1989. The Commission considered the jurisdictional question of whether it could entertain a communication directed against States that 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 not parties 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.