Kofi v Ghana (Communication 6 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 Ghana, a State that was not a party to the African Charter on Human and Peoples' Rights at the time. The Commission lacks jurisdiction over non-State parties to the Charter.
Outcome
Communication dismissed for lack of jurisdiction
Facts
Dr. Kodji Kofi filed a communication dated 11 April 1988 alleging arrest and detention without trial. The communication was directed against Ghana. At the time the communication was filed and considered, Ghana was not a party to the African Charter on Human and Peoples' Rights. The African 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 a 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 on Human and Peoples' Rights art.101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.