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أوازي من إعداد:
African Human Rights CLA 2.0
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75العلاقات

ECW CCJ JUD 03 08 Chief Ebrimah Manneh v. The Gambia

ECOWAS Court

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جدول المحتويات

Summary of the facts1
Evidence of witnesses2
Issues for determination2
Issue 1: Whether the arrest and detention of the plaintiff is justified under the African Charter on Human and Peoples’ Rights2
Issue 2: Whether the plaintiff is entitled to have his human rights to the dignity of the person, personal liberty and freedom of movement restored4
Issue 3: Whether the plaintiff is entitled to monetary compensation in the sum of US$ 5 000 0004
Decision6
Costs6
Reasons6
Orders6

ECW CCJ JUD 03 08 Chief Ebrimah Manneh v. The Gambia

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/04/07

ECCJ Jud No.: ECW/CCJ/JUD/03/08

Type of Document

Judgement

Keywords

Damages and Compensation
Detention Facilities/Conditions
Freedom of Expression
Freedom of Movement
Personal Liberty
Right to Fair Trial
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي

Country

Gambia

Outcome: Decided on Merits

Year Decided: 5 يونيو 2008

Rights Alleged to be Violated

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

Rights Violated

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

African Charter Rights Alleged to be Violated

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
ACHPR 7 : Right to Fair Trial

African Charter Rights Violated

ACHPR 7.1 : Right to be Heard
ACHPR 2: Freedom from Discrimination
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: ~ 5 يونيو 2008

Country Geolocation

خط العرض: 13.443182

خط الطول: -15.310139

Country Geolocation (مرتبط ECOWAS Court): Gambia

المستندات الأولية

ECW_CCJ_JUD_03_08 Chief Ebrimah Manneh v. The Gambia.pdf
English
تحميل عرض
JUD-ECW-CCJ-JUD-03-08-Chief Ebrimah Manneh v. Republic of GAMBIA-05_06_08-vA.pdf
English
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تحميل عرض
ARRÊT-ECW-CCJ-JUD-03-08-Chief Ebriman Manneh c. Rép. de GAMBIA-05_06_08-vA.pdf
French
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تحميل عرض

Banjul charter

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

Treaty

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

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

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

Rules of procedure

Article 431. The Court may, either of its own motion or on application by a party, order that witnesses prove certain facts. The order of the Court shall set out the facts to be established. 2. The Court may summon a witness of its own motion or on application by a party to attend. 3. An application by a party for the examination of a witness shall state precisely about what facts and for what reasons the witness should be examined. 4. The witness shall be summoned by an order of the Court containing the following information: (a) The surname, forenames, description and address of the witness; (b) An indication of the facts about which the witness is to be examined; (c) Where appropriate, particulars of the arrangements made by the Court for Reimbursement of expenses incurred by the witness, and of the penalties, which may be imposed on defaulting witnesses. 5. The order shall be served on the parties and the witnesses. 6. The Court may make the summoning of a witness for whose examination a party has applied conditional upon the deposit with the Registry of the Court of a sum sufficient to cover the taxed costs thereof; the Court shall fix the amount of the payment. The Registry shall advance the funds necessary in connection with the examination of any witness summoned by the Court of its own motion. 7. After the identity of the witness has been established, the President shall inform him that he will be required to vouch the truth of his evidence in the manner laid down in these Rules. 8. The witness shall give his evidence to the Court, the parties having been given notice to attend. After the witness has given his main evidence the President may, at the request of a party or of his own motion, put questions to him. 9. The other Judges may do likewise. Subject to the control of the President, the representatives of the parties may put questions to witnesses.

Rules of Procedure

Banjul charter

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

Protocol

The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.

Treaty

Supplementary protocol

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;

Treaty

Protocol

4. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.

Treaty

Supplementary protocol

Treaty

Banjul charter

Treaty

ECOWAS Revised treaty

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Protocol

. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

ECW CCJ JUD 09 19

CHIEF EBRIMAH MANNEH v. THE REPUBLIC OF THE GAMBIA (2004-2009) CCJELR 181pg. 194 para. 32

ECOWAS Court

CASE OF SELMOUNI v. FRANCE

EU document

European Convention on Human Rights

ARTICLE 25Plenary CourtThe plenary Court shall(a) elect its President and one or two Vice-Presidents for a period of three years; they may be re-elected;(b) set up Chambers, constituted for a fixed period of time;(c) elect the Presidents of the Chambers of the Court; they may be re-elected;(d) adopt the rules of the Court;(e) elect the Registrar and one or more Deputy Registrars;(f) make any request under Article 26, paragraph 2.

Treaty

CASE OF CENBAUER v. CROATIA

EU document

European Convention on Human Rights

Treaty

European Convention on Human Rights

ARTICLE 8Right to respect for private and family life1. Everyone has the right to respect for his private and family life, his home and his correspondence.2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others

Treaty

European Convention on Human Rights

ARTICLE 13Right to an effective remedyEveryone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity

Treaty

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

European Convention on Human Rights

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Rules of procedure

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.

Rules of Procedure

Trt ecowas

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

JUD ECW CCJ JUD 24 15 Stella Ifeoma N. & 20 Ors v. Fed Rep of NIGERIA 30 11 15 vA

"...theRepublicoftheGambiareleases ChiefEbrimahManneh,Plaintiffhereinfromunlawfuldetentionwithoutanyfurther delay...thatthehumanrights ofthePlaintiffberestored,especiallyhisfreedomofmovement." (Paragraph44 (i)and(ii))

ECOWAS Court

Treaties and softlaw only55
- Treaty53
- Rules of Procedure2
Cases Referenced1
- ECOWAS Court1
لا تسمية16
- ECOWAS Court13
- Document3
International cases/decisions2
- EU document2
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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