African Human Rights CLA 2.0

African Human Rights CLA 2.0

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56 العلاقات, 23 الكيانات

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
56العلاقات

ECW CCJ JUD 05 17

ECOWAS Court

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جدول المحتويات

Facts3
Issues for Determination8
On Allegation of Physical Assault9
On Allegation of Unlawful Detention14
On Allegation of Seizure of Passport and Demand for Gratification18
Decision24
Declares24
Orders25
As to Costs25

ECW CCJ JUD 05 17

ECOWAS Court

Preview

Type of Document

Judgement

Keywords

Corruption
Cruel and Degrading Treatment
Fraud
Freedom of Movement
Personal Liberty
Police Brutality and Offences
Right to Dignity
Right to Property
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي

Country

Benin

Outcome: Decided on Merits

Year Decided: 10 أكتوبر 2017

Rights Alleged to be Violated

ECOWAS 32: Facilitating movement of goods, persons and services within sub-region
ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

African Charter Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 12 : Right to Freedom of Movement
ACHPR 2: Freedom from Discrimination
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

African Charter Rights Violated

ACHPR 14: Right to Property
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

African Charter Rights Not Violated

ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure: ~ 10 أكتوبر 2017

Country Geolocation

خط العرض: 9.30769

خط الطول: 2.315834

Country Geolocation (مرتبط ECOWAS Court): Benin

المستندات الأولية

ECW_CCJ_JUD_05_17 Benson Olua Okomba v Benin.pdf
English
تحميل عرض

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

3 Article 3 1. Every individual shall be equal before the law. 2. Every individual shall be entitled to equal protection of the law. Article 4 Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his p erson. No one may be arbitrarily deprived

Treaty

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

Article 2 Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter

Treaty

Banjul charter

Article 5 Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of ma n particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 5 5. The mass expulsion of non - nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethni c or religious groups.

Treaty

Trt ecowas

For the purpose of ensuring the harmonious integration of the physical infrastructures of Member States and the promotion and facilitation of the movement of persons, goods and services within the Community. Member States undertake to: (w) evolve common transport and communications policies, laws and regulations; (x) develop an extensive network of all-weather highways within the Community, priority being given to the inter-State highways; (y) formulate plans for the improvement and integration of railway and road networks in the region; (z) formulate programmes for the improvement of coastal shipping services and inter state inland waterways and the harmonization of policies on maritime transport and services; (aa) coordinate their positions in international negotiations in the area of maritime transport; (bb) encourage cooperation in flight-scheduling, leasing of aircraft and granting and joint use of fifth freedom rights to airlines of the region; (cc) promote the development of regional air transportation services and endeavour to bring about the merger of national airlines in order to promote their efficiency and profitability; (dd) facilitate the development of human resources through the harmonization and coordination of their national training programmes and policies in the area of transportation in general and air transport in particular; (ee) endeavour to standardize equipment used in transport and communications and establish common facilities for production, maintenance and repair. 11. Member States also undertake to encourage the establishment and promotion of joint ventures and Community enterprises and the participation of the private sector in the areas of transport and communications

Treaty

Banjul charter

Article 6 Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom e xcept for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Banjul charter

Article 1 The Member States of the Organization of African Unity parties t o the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

Supplementary protocol

d) The failure by Member States to honor their obli gations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS;

Treaty

Trt ecowas

Article 4 Fundamental Principles The High Contracting Parties, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles: Page 7 equality and inter-dependence of Member States; (p) solidarity and collective self-reliance; (q) inter-State cooperation, harmonization of policies and integration of programmes; (r) non-aggression between Member States; (s) maintenance of regional peace, stability and security through the promotion and strengthening of good neighbourliness; (t) peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a prerequisite for economic development; (u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights; (v) accountability, economic and social justice and popular participation in development; (w) recognition and observance of the rules and principles of the Community; (x) promotion and consolidation of a democratic system of governance in each Member State as envisaged by the Declaration of Political Principles adopted in Abuja on 6 July 1991; and (y) equitable and just distribution of the costs and benefits of economic cooperation and integration.

Treaty

Banjul charter

Article 12 1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by t he law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public hea lth or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non - national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Trt ecowas

For the purpose of ensuring the harmonious integration of the physical infrastructures of Member States and the promotion and facilitation of the movement of persons, goods and services within the Community. Member States undertake to: (w) evolve common transport and communications policies, laws and regulations; (x) develop an extensive network of all-weather highways within the Community, priority being given to the inter-State highways; (y) formulate plans for the improvement and integration of railway and road networks in the region; (z) formulate programmes for the improvement of coastal shipping services and inter state inland waterways and the harmonization of policies on maritime transport and services; (aa) coordinate their positions in international negotiations in the area of maritime transport; (bb) encourage cooperation in flight-scheduling, leasing of aircraft and granting and joint use of fifth freedom rights to airlines of the region; (cc) promote the development of regional air transportation services and endeavour to bring about the merger of national airlines in order to promote their efficiency and profitability; (dd) facilitate the development of human resources through the harmonization and coordination of their national training programmes and policies in the area of transportation in general and air transport in particular; (ee) endeavour to standardize equipment used in transport and communications and establish common facilities for production, maintenance and repair. 11. Member States also undertake to encourage the establishment and promotion of joint ventures and Community enterprises and the participation of the private sector in the areas of transport and communications

Treaty

Protocol on Free Movement of Persons In Africa

Treaty

Banjul charter

Treaty

ECOWAS Revised treaty

Treaty

Banjul charter

Article 5 Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of ma n particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 5 Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of ma n particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

European Convention on Human Rights

Treaty

A v. The United Kingdom judgment

EU document

European Convention on Human Rights

ARTICLE 3Prohibition of tortureNo one shall be subjected to torture or to inhuman or degrading treatment or punishment

Treaty

Banjul charter

Article 5 Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of ma n particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Loayza Tamayo V. Peru

Inter-American Court/Commission Documents

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

ECOWAS Court

Ecowas alade judgment 20120611

ECOWAS Court

European Convention on Human Rights

Treaty

Rudyak V. Ukraine (Application no. 40514:06)

EU document

European Convention on Human Rights

ARTICLE 3Prohibition of tortureNo one shall be subjected to torture or to inhuman or degrading treatment or punishment

Treaty

ICCPR

Article 91. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

UN Document

Banjul charter

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom e xcept for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

2. Universal Declaration of Human Rights

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

UN Document

Guzzardi v Italy (Application no. 7367:76)

EU document

European Convention on Human Rights

Treaty

European Convention on Human Rights

ARTICLE 5Right to liberty and security1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:(a) the lawful detention of a person after conviction by a competent court;(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.3. Everyone arrested or detained in accordance with the provisions of paragraph 1 (c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation

Treaty

JUD ECW CCJ JUD 13 12 Badini Salfo v. BURKINA FASO 31 10 12 vA

ECOWAS Court

Saadi v. the United Kingdom Application No. 13229:03

EU document

European Convention on Human Rights

Treaty

Gahramanov v. Azerbaijan (Application no. 26291:06)

EU document

European Convention on Human Rights

RTICLE 5Right to liberty and security1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:(a) the lawful detention of a person after conviction by a competent court;(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

Treaty

Protocol on Free Movement of Persons In Africa

Treaty

Banjul charter

Article 6 Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom e xcept for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Banjul charter

Article 14 The right to property shall be guar anteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

Banjul charter

Article 1 The Member States of the Organization of African Unity parties t o the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

Banjul charter

Article 1 The Member States of the Organization of African Unity parties t o the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

Supplementary protocol

d) The failure by Member States to honor their obli gations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS;

Treaty

JUD ECW CCJ JUD 11 14 Tidjane Konte v. Rep of GHANA 13 05 14 vA

ECOWAS Court

Ortega v mexico

Inter-American Court/Commission Documents

Assenov V.Bulgaria, (1998) EHRR

102.The Court considers that, in these circumstances, where an individual raises an arguable claim that he has been seriously ill-treated by the police or other such agents of the State unlawfully and in breach of Article3, that provision, read in conjunction with the State’s general duty under Article1 of the Convention to “secure to everyone within their jurisdiction the rights and freedoms in [the] Convention”, requires by implication that there should be an effective official investigation. This obligation, as with that under Article2, should be capable of leading to the identification and punishment of those responsible (see, in relation to Article2 of the Convention, the McCann and Others v. the United Kingdom judgment of 27 September 1995, SeriesA no.324, p.49, §161, the Kaya v. Turkey judgment of 19 February 1998,Reports1998-..., p...., §86 and the Yasa v. Turkey judgment of 2 September 1998,Reports1998-..., p...., §98). If this were not the case, the general legal prohibition of torture and inhuman and degrading treatment and punishment, despite its fundamental importance (see paragraph93 above), would be ineffective in practice and it would be possible in some cases for agents of the State to abuse the rights of those within their control with virtual impunity.

EU document

Human Rights Committee General Comment 20

UN Document

ICCPR

UN Document

Treaties and softlaw only43
- Treaty39
- UN Document4
International cases/decisions12
- Inter-American Court/Commission Documents2
- ECOWAS Court4
- EU document6
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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