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African Human Rights CLA 2.0
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ECW CCJ JUG 04 09 Amouzou Henri & 5 Others v. Côte d’Ivoire

ECOWAS Court

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Judgment of the Court2
Summary of Facts2
The Facts as Evoked by the Plaintiffs2
As to the Law3
Arguments of the Plaintiffs3
The Defendant's Arguments4
The Court Hearing6
Interim Order7
Analysis of the Facts by the Court7
On the Admissibility of the Documents Brought Before the Court9
As to the Merit of the Case10
On the Violation on the Right of Presumption of Innocence11
On the Infringement on Honour and Reputation11
On the Arbitrary Detention11
As Regards Violation of the Rights of the Pregnant Woman and Those of the Infant12
For these Reasons14

ECW CCJ JUG 04 09 Amouzou Henri & 5 Others v. Côte d’Ivoire

ECOWAS Court

Preview

Type of Document

Judgement

Keywords

Corruption
Cruel and Degrading Treatment
Fraud
Right to Dignity
Right to Fair Trial
الاعتقال والاحتجاز التعسفي

Country

Côte d'Ivoire

Outcome: Decided on Merits

Year Decided: 17 ديسمبر 2009

African Charter Rights Alleged to be Violated

ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 4: Right to Life and Intergrity
ACHPR 7 : Right to Fair Trial
ACHPR 7.1.c: Right to Defence
ACHPR 8: Right to Freedom of Conscience

African Charter Rights Not Violated

ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 4: Right to Life and Intergrity
ACHPR 7 : Right to Fair Trial
ACHPR 8: Right to Freedom of Conscience

Duration of Procedure: 15 يناير 2009 ~ 17 ديسمبر 2009

Country Geolocation

خط العرض: 7.539988999999999

خط الطول: -5.547079999999999

Country Geolocation (مرتبط ECOWAS Court): Côte d'Ivoire

المستندات الأولية

ECW_CCJ_JUG_04_09 Amouzou Henri & 5 Others v. Côte d’Ivoire.pdf
English
تحميل عرض
10. ECW_CCJ_JUG_04_09 Amouzou Henri & 5 Others v. Côte d’Ivoire - PT.pdf
Portuguese
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تحميل عرض
ARRÊT-ECW-CCJ-JUD-04-09-Amouzou Henri 5 Autres c. Rép de COTE D'IVOIRE-17_12_09-vA.pdf
French
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تحميل عرض

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

Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks

UN Document

2. Universal Declaration of Human Rights

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

UN Document

2. Universal Declaration of Human Rights

UN Document

UN Convention on the rights of the Child

UN Document

3. African Charter on the Rights and Welfare of the Child

ARTICLE 30: CHILDREN OF IMPRISONED MOTHERS1. States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular:(a) ensure that a non-custodial sentence will always be first considered when sentencing such mothers;(b) establish and promote measures alternative to institutional confinement for the treatment of such mothers;(c) establish special alternative institutions for holding such mothers; (d) ensure that a mother shall not be imprisoned with her child;(e) ensure that a death sentence shall not be imposed on such mothers;(f) the essential aim of the penitentiary system will be the reformation, the integration of the mother to the family and social rehabilitation.

Treaty

2. Universal Declaration of Human Rights

Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

UN Document

Banjul charter

Article 8 4Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms. Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

2. Universal Declaration of Human Rights

UN Document

3. African Charter on the Rights and Welfare of the Child

Treaty

Rules of procedure

6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents.

Rules of Procedure

Rules of procedure

1. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas

Rules of Procedure

Protocol

Treaty

Supplementary protocol

Treaty

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

ICCPR

1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

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

ICCPR

UN Document

2. Universal Declaration of Human Rights

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

UN Document

SERAP V FEDERAL REPUBLIC OF NIGERIA

Amouzou Henri v. Republic ofCôte d’Ivoire § 57 to62

ECOWAS Court

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

UN Document

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

ICCPR

UN Document

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

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

ICCPR

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

ECOWAS Revised treaty

Treaty

Protocol on Democracy and Good Governance

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

ICCPR

UN Document

ICCPR

UN Document

Supplementary protocol

Treaty

Protocol

Treaty

Rules of procedure

Article 351. Within one month after service on him of the application, the defendant shall lodge a defense, stating: (a) the name and address of the defendant; (b) The arguments of fact and law relied on; (c) the form of order sought by the defendant; (d) the nature of any evidence offered by him. The provisions of Article 32 of these Rules shall apply to the defense. 2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

ECW CCJ JUD 06 08 Hadijatou Mani Koraou v. Niger

ECOWAS Court

ICCPR

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

UN Document

ICCPR

UN Document

ECOWAS Revised treaty

Treaty

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

3. African Charter on the Rights and Welfare of the Child

Treaty

Supplementary Protocol of ECOWAS on Democracy and Good Governance

Treaty

Protocol

Treaty

Supplementary protocol

Treaty

Rules of procedure

Rules of Procedure

Treaties and softlaw only76
- Treaty34
- Rules of Procedure6
- UN Document36
لا تسمية8
- ECOWAS Court8
International cases/decisions1
- ECOWAS Court1
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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