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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
32العلاقات

ECW CCJ JUD 09 19

ECOWAS Court

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DEFENDANT’S SUMMARY OF FACTS6
THE PLAINTIFF’S REPLY TO THE DEFENDANT’S STATEMENT OF DEFENCE8
PROCEDURE12
ISSUE FOR DETERMINATION12
WHETHER IT CAN BE DEDUCED FROM THE TOTALITY OF FACTS AND EVIDENCE PRESENTED THAT THE ACTS OF THE DEFENDANT CONSTITUTE A VIOLATION OF THE PLAINTIFF’S RIGHTS AS ALLEGED.13
WHETHER OR NOT THE PLAINTIFF’S NATIONALITY ACCOUNTED FOR HIS DISLIKE BY MEMBERS OF THE GAMBIAN BAR WHICH RESULTED IN THE ALLEGED DISCRIMINATION AGAINST HIM.16
WHETHER OR NOT THE TRIAL JUDGE’S REFUSAL TO RECUSE HIMSELF FROM THE TRIAL OF THE PLAINTIFF AMOUNTED TO A BREACH OF FAIR TRIAL RULES IN THE CIRCUMSTANCES OF THIS CASE.19
WHETHER OR NOT THE TRIAL OF THE PLAINTIFF IN ITS ENTIRETY FOLLOWED DUE PROCESS IN LAW.26
COMPENSATION34
DECISION OF THE COURT36
COSTS37
REASONS37
ORDERS37

ECW CCJ JUD 09 19

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/06/18

ECCJ Jud No.: ECW/CCJ/JUD/09/19

Type of Document

Judgement

Keywords

Corruption
Discrimination
Equality
Fraud
Judicial Independence
Right to Fair Trial
Workers' Rights
إقامة العدل
الاعتقال والاحتجاز التعسفي

Country

Gambia

Outcome: Decided on Merits

Year Decided: 27 فبراير 2019

African Charter Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 4: Right to Life and Intergrity
ACHPR 7 : Right to Fair Trial

African Charter Rights Violated

ACHPR 7 : Right to Fair Trial

Duration of Procedure: ~ 27 فبراير 2019

Country Geolocation

خط العرض: 13.443182

خط الطول: -15.310139

Country Geolocation (مرتبط ECOWAS Court): Gambia

المستندات الأولية

ECW_CCJ_JUD_09_19.pdf
English
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تحميل عرض
WHAT'S UP APR 2020 Quarantine Special Edition-1.pdf
Portuguese
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تحميل عرض

ECW CCJ JUD 19 15

ECOWAS Court

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

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

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

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

2. Universal Declaration of Human Rights

Article 6 Everyone has the right to recognition everywhere as a person before the law.

UN Document

2. Universal Declaration of Human Rights

Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

UN Document

CASE OF O HALLORAN AND FRANCIS v. THE UNITED KINGDOM

EU document

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

ECW CCJ JUD 03 07 Moussa Léo Kéita v. Mali

ECOWAS Court

ECW CCJ JUD 06 08 Hadijatou Mani Koraou v. Niger

60. As regards the Applicant's first plea-in-law, the Court finds that it does not have the mandate toexamine the laws of Member States of the Community in abstracto, but rather, to ensure the protection ofthe rights of individuals whenever such individuals are victims of the violation of those rights which arerecognised as theirs, and the Court does so by examining concrete cases brought before it.The Court indicates that other mechanisms are employed in the consideration of cases, such as the7 checking of the situation in each country, the submission of periodic reports as provided for by certaininternational instruments, including Article 62 of the African Charter on Human and Peoples' Rights, whichprovides: "Each state party shall undertake to submit every two years, from the date the present Chartercomes into force, a report on the legislative or other measures taken with a view to giving effect to therights and freedoms recognised and guaranteed by the present Charter"

ECOWAS Court

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

ECOWAS Court

2. Universal Declaration of Human Rights

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. 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

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. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

UN Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

European Convention on Human Rights

ARTICLE 6Right to a fair trial1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

Treaty

001 105634

EU document

CASE OF MORICE v. FRANCE

EU document

Banjul charter

Treaty

AFFAIRE VERA FERNANDEZ HUIDOBRO c. ESPAGNE

EU document

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

ECOWAS Court

JUD ECW CCJ JUD 08 13 Assima Kokou Innocent v. Rep of TOGO 28 11 13 vA

59. TheCourt insists onthe fact that before itconcludes onthe issue of occurrence of human rights violation,the concrete proofof the facts upon which theApplicants basetheir claims must beestablished witha high degreeofcertainty,oratleast,there must bea high possibilityof the claims appearing to be true, upon scrutiny.In this regard, mere allegationsdo not suffice to elicit the conviction of the Court.Nevertheless, asregards the allegations of torturelevelledagainst the'· authoritiesresponsible for investigationand·the prison administration,the Court considers whether 'realopportunities existed for theApplicants to obtain proofs of evidence. Finding themselves in a-vulnerable situation,itcanreasonablybepresumedthat realdifficulties existed for theApplicants to gather evidence ontheappallingactsthey were subjected to,suchthat theburden ofproof shallbeshifted tothe Republic ofTogo,to prove that there were no actsof tortureor actssimilartotorture.

ECOWAS Court

CASE OF CAN v. AUSTRIA

EU document

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

32.Having concluded in issues 1 and 2, above, that the plaintiff’s right to his personal liberty has been abused, the plaintiff is entitled to some damages for the wrongs that he has suffered. The amount of damages, however, is dependent on the facts of this application and the relevant rules governing the award of damages. Learned Counsel for the plaintiff prayed this honourable Court to award the sum of $ 5 000 000 as compensation to the plaintiff for his unlawful arrest and detention. Counsel stated that the essence of this Court awarding such a substantial amount is to deter other member states of the Community from engaging in violations of the human rights of Community citizens contrary to their obligations under domestic and international law. Counsel urged this Court to award some punitive damages in favour of the plaintiff in order to deter governments of member states from infringing on the rights of Community citizens with impunity. However, as stated earlier, punitive damages are awarded only in limited circumstances as it is not awarded to compensate the plaintiff but to deter the defendant and others from very reprehensible behaviour.

ECOWAS Court

CASE OF SELMOUNI v. FRANCE

EU document

CASE OF CENBAUER v. CROATIA

EU document

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

Banjul charter

Treaty

International cases/decisions14
- ECOWAS Court7
- EU document7
Treaties and softlaw only17
- Treaty10
- UN Document6
- Rules of Procedure1
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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