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PermaLink: |
http://www.worldcourts.com/achpr/eng/decisions/1994.04.27_CIJL_v_Algeria.htm |
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Citation: |
CIJL v. Algeria, Decision, Comm.
104/94, 109/94, 126/94 (ACmHPR, Apr. 27, 1994) |
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Publications: |
IHRDA, Compilation of Decisions on
Communications of the African Commission On Human and Peoples’
Rights Extracted from the Commission’s Activity Reports 1994-2001,
at 8 (2002); Documents of the African Commission on Human and
Peoples’ Rights, at 396 (Malcolm D. Evans & Rachel Murray eds.,
2001); (2000) AHRLR 16 (ACHPR 1995) |
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THE FACTS
1. The communication is in the form of a report published by the Centre for
the Independence of Judges and Lawyers (CIJL) of Geneva, Switzerland. It
describes harassment and persecution of judges and lawyers in 53 different
countries including 18 of the African countries party to the African
Charter. The harassment and persecution described include murder, torture,
intimidation and threats of all kinds. The report describes special features
of court systems, such as military courts and special tribunals.
COMPLAINT
2. The communication does not specify which of the facts it contains it
regards as violations. Neither does it specify any sought remedy.
THE LAW
3. Article 56 of the African Charter reads:
“Communications…shall be considered if they: (1) Indicate their authors even
if the latter request anonymity.”
4. Rule 114(3) of the Rules of Procedure of the African Commission on Human
and Peoples’ Rights of1988 reads:
“In order to decide on the admissibility of a communication…the Commission
shall ensure… (b) That the author alleges to be a victim of a violation…that
the communication is submitted in the name of an individual who is a victim
(or individuals who are victims) who is unable to submit a communication or
to authorise it to be done.”
5. The reason for these provisions is that the Commission must receive
communications with adequate information with a certain degree of
specificity concerning the victims.
6. The present report submitted by the CIJL does not give specific places,
dates, and times of alleged incidents sufficient to permit the Commission to
intervene or investigate. In some cases, incidents are cited without giving
the names of the aggrieved parties. There are numerous references to
‘anonymous’ lawyers and judges. Thus, in this case the author is not an
alleged victim, nor is the communication submitted in the name of a specific
victim, nor does the complainant allege grave and massive violations. The
information in the communication is insufficient to permit the Commission to
take action.
FOR THE ABOVE REASONS, THE AFRICAN COMMISSION declares the communications
inadmissible. |
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