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African Human Rights CLA 2.0
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53العلاقات

JUD ECW CCJ JUD 28 20 Counsellor Muhammad Kabine JaNeh vs. Rep of LIBERIA 10 11 20 vA.docx

ECOWAS Court

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I. JUDGMENT3
II. DESCRIPTION OF THE PARTIES3
III. INTRODUCTION4
IV. PROCEDURE BEFORE THE COURT5
V. APPLICANT’S CASE5
a. Applicant’s summary of facts5
b. Applicant’s pleas in law13
c. Reliefs/orders sought by the Applicant14
VI. RESPONDENT'S CASE:17
a. Respondent's summary of facts17
b. Respondent's pleas in law18
c. Reliefs/orders sought by the Respondents18
VII. JURISDICTION19
VIII. MERITS32
a. Alleged violation of right to fair trial32
Alleged violation of the Applicant’s right to work62
IX. REPARATION66
X. COSTS71
XI. OPERATIVE CLAUSE71
As to jurisdiction71
As to Admissibility71
As to compliance with Rules of the Court72
On Merits of the case72
XII. REPARATION72
On the violation of right to fair hearing and work72
On moral damages73
XIII. COMPLIANCE AND REPORTING73
ON COST73

JUD ECW CCJ JUD 28 20 Counsellor Muhammad Kabine JaNeh vs. Rep of LIBERIA 10 11 20 vA.docx

ECOWAS Court

Preview

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Discrimination
Judicial Independence
Right to Fair Trial
Right to Work

Country

Liberia

Outcome: Decided on Merits

Year Decided: 20 نوفمبر 2020

African Charter Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 15 : Right to Work
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7 : Right to Fair Trial

African Charter Rights Violated

ACHPR 15 : Right to Work
ACHPR 7 : Right to Fair Trial

Duration of Procedure: 23 أغسطس 2019 ~ 10 نوفمبر 2020

Country Geolocation

خط العرض: 6.428055

خط الطول: -9.429499000000002

Country Geolocation (مرتبط ECOWAS Court): Liberia

المستندات الأولية

JUD-ECW-CCJ-JUD-28-20-Counsellor-Muhammad-Kabine-JaNeh-vs.-Rep-of-LIBERIA-10_11_20-vA.docx.pdf
English
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تحميل عرض

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. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

2. Universal Declaration of Human Rights

Article 10

UN Document

Banjul charter

Treaty

Banjul charter

Article 5Every 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 man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

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

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Treaty

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Treaty

Banjul charter

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Article 1The Member States of the Organization of African Unity parties to 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

2. Universal Declaration of Human Rights

2. Everyone has the right to equal access to public service in his country.

UN Document

2. Universal Declaration of Human Rights

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

UN Document

2. Universal Declaration of Human Rights

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

2. Universal Declaration of Human Rights

Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

UN Document

2. Universal Declaration of Human Rights

1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

UN Document

2. Universal Declaration of Human Rights

2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

UN Document

2. Universal Declaration of Human Rights

UN Document

2. Universal Declaration of Human Rights

3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

UN Document

2. Universal Declaration of Human Rights

Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

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

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

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

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

ICCPR

(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity;

UN Document

Rules of procedure

11. If costs are not claimed, the parties shall bear their own costs.

Rules of Procedure

Rules of procedure

3) The lawyer acting for a party must lodge at the Registry a certificate that he is authorized to practice before a Court of a member State or of another State, which is a party to the Treaty.

Rules of Procedure

Rules of procedure

2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service.

Rules of Procedure

Treaties and softlaw only52
- Treaty36
- UN Document13
- Rules of Procedure3
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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