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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
19العلاقات

ECW CCJ JUD 15 18

ECOWAS Court

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FOR THESE REASONS16

ECW CCJ JUD 15 18

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/12/17

ECCJ Jud No.: ECW/CCJ/JUD/15/18

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Damages and Compensation
Democracy
Elections / Referenda
Extra-Judicial Killings
Impunity
Investigation
Military Offences
Murder/Assassination
Protection of Family and Vulnerable Groups
Reparations / Remedies
Right to be Heard
Right to Fair Trial
Right to Life
Sexual and Gender Based Violence
Transitional Justice
Violations Resulting from Warfare and Military Operations
Women's Rights

Country

Guinea Bissau

Outcome: Decided on Merits

Year Decided: 24 مايو 2018

African Charter Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 4: Right to Life and Intergrity
ACHPR 7 : Right to Fair Trial

African Charter Rights Violated

ACHPR 7.1 : Right to be Heard
ACHPR 4: Right to Life and Intergrity
ACHPR 7 : Right to Fair Trial

Duration of Procedure: 3 مارس 2017 ~ 8 يونيو 2018

Country Geolocation

خط العرض: 11.803749

خط الطول: -15.180413

Country Geolocation (مرتبط ECOWAS Court): Guinea-Bissau

المستندات الأولية

ECW_CCJ_JUD_15_18.pdf
English
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تحميل عرض
ECW_CCJ_JUG_15_18.pdf
French
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تحميل عرض
ECW_CCJ_JUD_15_18 Nazare Gomes de Pina v. Guinea Bissau - PT.pdf
Portuguese
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تحميل عرض

2. Universal Declaration of Human Rights

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

ICCPR

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.

UN Document

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

2. Universal Declaration of Human Rights

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

UN Document

Banjul charter

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

Supplementary protocol

“Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.

Treaty

Supplementary protocol

Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Treaty

ECW CCJ JUD 07 11 OCEAN KING NIG LTD v REPUBLIC OF SENEGAL

ECOWAS Court

ECW CCJ JUD 05 07 Etim Moses Essien v. The Gambia

ECOWAS Court

ECW CCJ JUD 08 10 Musa Saidykhan v. The Gambia

ECOWAS Court

ECW CCJ JUD 06 08 Hadijatou Mani Koraou v. Niger

ECOWAS Court

ECW CCJ JUD 23 15

ECOWAS Court

ICCPR

UN Document

ICCPR

UN Document

Banjul charter

Treaty

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

Rules of the Court of Justice of the Economic Community of West African States.

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Treaty

Treaties and softlaw only13
- UN Document6
- Treaty7
International cases/decisions5
- ECOWAS Court5
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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