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No. 10 DAR ES SALAAM CRESCENT, COMMUNITY COURT OF JUSTICE, ECOWAS OFF AMINU KANO CRESCENT, COUR DE JUSTICE DE LA COMMUNAUTE, WUSE II, ABUJA-NIGERIA. CEDEAO PMB 567 GARKI, ABUJA TEL/FAX:234-9-6708210/09-5240781 TRIBUNAL DE JUSTIÇA DA COMMUNIDADE, Website: CEDEAO www.courtecowas.org IN THE COMMUNITY COURT OF JUSTICE OF THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES (ECOWAS) HOLDEN IN ABUJA, NIGERIA ON THIS 18TH DAY OF APRIL, 2016. SUIT N°: ECW/CCJ/APP/12/14. JUDGMENT N°: ECW/CCJ/JUD/5/16. BETWEEN: Dr. Malachi Z. York Plaintiff AND Republic of Liberia Defendant BEFORE THEIR LORDSHIPS: 1- Hon. Justice Friday Chijioke Nwoke 2- Hon. Justice Hamèye Foune Mahalmadane 3- Hon. Justice Alioune Sall Assisted by Aboubakar Djibo Diakité, Esq p. 1 – Presiding – Member – Member - Registrar

اختر الفقرة المستهدفة3

● ● ●

أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
91العلاقات

نصائح البحث

بحث النص

اكتب نص في خانة البحث لتظهر بعض النتائج

جدول المحتويات

منشأ تلقائياً ⓘ

Delivers the following Judgment:2
1. SUMMARY OF THE FACTS AND PROCEDURE2
He further complained that the Defendant, whom he represents as Consul General, neither intervened, protested nor offered him diplomatic protection by invoking diplomatic immunity on his behalf and securing his release after conviction. He therefore claimed that such omission or negligence by the Defendant amounted to the violation of his human rights as provided for by the African Charter on Human and Peoples’ Rights and the Vienna Convention on Diplomatic Relations 1961. He therefore claimed for a Declaration that his rights have been violated by the Defendant and also claimed damages.2
human rights, and runs contrary to Vienna Convention on Consular Relations and the African Charter on Human and Peoples’ Rights. Applicant prays that the Defendant be ordered to ensure his release and repatriation back to Liberia. g. And that the sum of N10, 000, 000 (Ten million Nigerian Naira) or an equivalent of USD 60,000.00 (sixty thousand United States Dollars) as damages from the Defendant.6
4. ANALYSIS OF THE ISSUES FOR DETERMINATION AND LEGAL ARGUMENTS OF THE PARTIES.10
As earlier stated, the Plaintiff’s case is that he was appointed the Consul General of the Republic of Liberia (The Defendant) on the 15 th of December, 1999. He was accredited at Atlanta Georgia in the United States of America. He was issued with Diplomatic Passport No. D/P003828-04 08 (see attachment A and B of the Plaintiff’s claim).10
viii. That none of the action or inaction of the Defendant has violated the Plaintiff’s right. That Articles 2, 3,4,5,6 and 7 of the African Charter on Human and Peoples’ Rights relied upon by the Plaintiff does not support his case. The Defendant therefore urged the Court to dismiss the case of the Plaintiff.14
5. ANALYSIS OF THE CASE OF THE PARTIES.14
6. ISSUES FOR DETERMINATION.15
p. 1515
In this regard, the entire action of the Plaintiff is incompetent, must fail and is hereby dismissed.25
Adjudicating in a public session, after hearing both parties, in the first and last resort, THE COURT25
In regard to this Application holds that the Defendant has committed no human rights violation against the Plaintiff and that the Plaintiff’s claim is hereby dismissed. AS TO COSTS25

ECW CCJ JUD 05 16

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/12/14

ECCJ Jud No.: ECW/CCJ/JUD/05/16

Type of Document

Judgement

Keywords

Immunity / Privileges (Diplomatic, Presidential, Parliamentary, etc)
Sexual Offences

Country

Liberia

Outcome: Case Dismissed

Year Decided: 18 أبريل 2016

African Charter Rights Alleged to be Violated

ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
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

Duration of Procedure: 18 يوليو 2014 ~ 18 أبريل 2016

Country Geolocation

خط العرض: 6.428055

خط الطول: -9.429499000000002

Country Geolocation (مرتبط ECOWAS Court): Liberia

المستندات الأولية

ECW_CCJ_JUD_05_16 Dr Malachi Z. York v. Liberia.pdf
English
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تحميل عرض

Banjul charter

Treaty

Vienna convention 1961

UN Document

Vienna convention 1961

UN Document

Banjul charter

Treaty

Trt ecowas

Treaty

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

ICCPR

UN Document

Vienna consular relations

UN Document

Banjul charter

Treaty

Vienna consular relations

UN Document

Banjul charter

Treaty

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

Article43Immunityfromjurisdiction1.ConsularofficersandconsularemployeesshallnotbeamenabletothejurisdictionofthejudicialoradministrativeauthoritiesofthereceivingStateinrespectofactsperformedintheexerciseofconsularfunctions.2.Theprovisionsofparagraph1ofthisarticleshallnot,however,applyinrespectofacivilactioneither: 18(a)arisingoutofacontractconcludedbyaconsularofficeroraconsularemployeeinwhichhedidnotcontractexpresslyorimpliedlyasanagentofthesendingState;or(b)byathirdpartyfordamagearisingfromanaccidentinthereceivingStatecausedbyavehicle,vesseloraircraft.

UN Document

Vienna consular relations

Article42Notificationofarrest,detentionorprosecutionIntheeventofthearrestordetention,pendingtrial,ofamemberoftheconsularstaff,orofcriminalproceedingsbeinginstitutedagainsthim,thereceivingStateshallpromptlynotifytheheadoftheconsularpost.Shouldthelatterbehimselftheobjectofanysuchmeasure,thereceivingStateshallnotifythesendingStatethroughthediplomaticchannel

UN Document

Vienna consular relations

2.Exceptinthecasespecifiedinparagraph1ofthisarticle,consularofficersshallnotbecommittedtoprisonorbeliabletoanyotherformofrestrictionontheirpersonalfreedomsaveinexecutionofajudicialdecisionoffinaleffect.

UN Document

Vienna consular relations

UN Document

Vienna consular relations

3.Ifcriminalproceedingsareinstitutedagainstaconsularofficer,hemustappearbeforethecompetentauthorities.Nevertheless,theproceedingsshallbeconductedwiththerespectduetohimbyreasonofhisofficialpositionand,exceptinthecasespecifiedinparagraph1ofthisarticle,inamannerwhichwillhampertheexerciseofconsularfunctionsaslittleaspossible.When,inthecircumstancesmentionedinparagraph1ofthisarticle,ithasbecomenecessarytodetainaconsularofficer,theproceedingsagainsthimshallbeinstitutedwiththeminimumofdelay.

UN Document

Vienna convention 1961

Article311.AdiplomaticagentshallenjoyimmunityfromthecriminaljurisdictionofthereceivingState.Heshallalsoenjoyimmunityfromitscivilandadministrativejurisdiction,exceptinthecaseof:(a)ArealactionrelatingtoprivateimmovablepropertysituatedintheterritoryofthereceivingState,unlessheholdsitonbehalfofthesendingStateforthepurposesofthemission;(b)Anactionrelatingtosuccessioninwhichthediplomaticagentisinvolvedasexecutor,administrator,heirorlegateeasaprivatepersonandnotonbehalfofthesendingState;(c)AnactionrelatingtoanyprofessionalorcommercialactivityexercisedbythediplomaticagentinthereceivingStateoutsidehisofficialfunctions.2.Adiplomaticagentisnotobligedtogiveevidenceasawitness.3.Nomeasuresofexecutionmaybetakeninrespectofadiplomaticagentexceptinthecasescomingundersubparagraphs(a),(b)and(c)ofparagraph1ofthisarticle,andprovidedthatthemeasuresconcernedcanbetakenwithoutinfringingtheinviolabilityofhispersonorofhisresidence.4.TheimmunityofadiplomaticagentfromthejurisdictionofthereceivingStatedoesnotexempthimfromthejurisdictionofthesendingState.

UN Document

Vienna convention 1961

UN Document

Vienna consular relations

Article41Personalinviolabilityofconsularofficers1.Consularofficersshallnotbeliabletoarrestordetentionpendingtrial,exceptinthecaseofagravecrimeandpursuanttoadecisionbythecompetentjudicialauthority.2.Exceptinthecasespecifiedinparagraph1ofthisarticle,consularofficersshallnotbecommittedtoprisonorbeliabletoanyotherformofrestrictionontheirpersonalfreedomsaveinexecutionofajudicialdecisionoffinaleffect.3.Ifcriminalproceedingsareinstitutedagainstaconsularofficer,hemustappearbeforethecompetentauthorities.Nevertheless,theproceedingsshallbeconductedwiththerespectduetohimbyreasonofhisofficialpositionand,exceptinthecasespecifiedinparagraph1ofthisarticle,inamannerwhichwillhampertheexerciseofconsularfunctionsaslittleaspossible.When,inthecircumstancesmentionedinparagraph1ofthisarticle,ithasbecomenecessarytodetainaconsularofficer,theproceedingsagainsthimshallbeinstitutedwiththeminimumofdelay.

UN Document

Vienna convention 1961

Article42AdiplomaticagentshallnotinthereceivingStatepractiseforpersonalprofitanyprofessionalorcommercialactivity.

UN Document

General Convention on Privileges and Immunities of the Economic Community of West African States

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

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 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 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

Vienna convention 1961

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

General Convention on Privileges and Immunities of the Economic Community of West African States

Article 6Representatives of Member States1.Representatives of Member States to the institutions as well as to the Technical and lised Commissions of the Community and to conferences convened by the Community, shall, while exercising their functions, and during their travel to and from the place of meeting, enjoy the following privileges and immunities:(a)Immunity from personal arrest or detention and from any official interrogation as well as from inspection or seizure of their personal baggage;(b)Immunity from legal process of every kind in respect of words spoken, writtct or acts done by them in the exercise of their functions;(c)Inviolability for all their papers and documents and the right to use codes and tc receive papers or correspondence by courier or in sealed bags;(d)exemption in respect of themselves and their spouses from immigration restrictions, aliens' registration and from national obligations in the state they are visiting or through which they are passing in the exercise of their functions;(e)the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;(f)the same immunities and facilities in respect of their personal and official baggage as are accorded to diplomatic envoys;(g)such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes

Treaty

Banjul charter

Treaty

Vienna consular relations

UN Document

Banjul charter

Treaty

Rules of procedure

2. An application for a case to be decided under an expedited procedure shall be made by a separate document lodged at the same time as the application initiating the proceedings or the defense, as the case may be.

Rules of Procedure

Rules of procedure

Article 591. On application by the applicant or the defendant, the President may exceptionally decide, on the basis of the facts before him and after hearing the other party, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court shall give its ruling with the minimum of delay.

Rules of Procedure

Rules of procedure

1. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Rules of Procedure

Rules of the Court of Justice of the Economic Community of West African States.

Article 901. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Treaty

Rules of procedure

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

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Rules of procedure

Article 881. Where it is clear that the Court has no jurisdiction to take cognizance of an action or where the action is manifestly inadmissible, the Court may, by reasoned order, after hearing the parties and without taking further steps in the proceedings, give a decision 2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.

Rules of Procedure

Banjul charter

Treaty

Banjul charter

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 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

ICCPR

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Vienna convention 1961

Article1ForthepurposeofthepresentConvention,thefollowingexpressionsshallhavethemeaningshereunderassignedtothem:(a)The“headofthemission”isthepersonchargedbythesendingStatewiththedutyofactinginthatcapacity;(b)The“membersofthemission”aretheheadofthemissionandthemembersofthestaffofthemission;(c)The“membersofthestaffofthemission”arethemembersofthediplomaticstaff,oftheadministrativeandtechnicalstaffandoftheservicestaffofthemission;(d)The“membersofthediplomaticstaff”arethemembersofthestaffofthemissionhavingdiplomaticrank;(e)A“diplomaticagent”istheheadofthemissionoramemberofthediplomaticstaffofthemission;(f)The“membersoftheadministrativeandtechnicalstaff”arethemembersofthestaffofthemissionemployedintheadministrativeandtechnicalserviceofthemission; 3(g)The“membersoftheservicestaff”arethemembersofthestaffofthemissioninthedomesticserviceofthemission;(h)A“privateservant”isapersonwhoisinthedomesticserviceofamemberofthemissionandwhoisnotanemployeeofthesendingState;(i)The“premisesofthemission”arethebuildingsorpartsofbuildingsandthelandancillarythereto,irrespectiveofownership,usedforthepurposesofthemissionincludingtheresidenceoftheheadofthemission.

UN Document

Vienna convention 1961

Article131.TheheadofthemissionisconsideredashavingtakenuphisfunctionsinthereceivingStateeitherwhenhehaspresentedhiscredentialsorwhenhehasnotifiedhisarrivalandatruecopyofhiscredentialshasbeenpresentedtotheMinistryforForeignAffairsofthereceivingState,orsuchother 6ministryasmaybeagreed,inaccordancewiththepracticeprevailinginthereceivingStatewhichshallbeappliedinauniformmanner

UN Document

Vienna convention 1961

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Vienna consular relations

UN Document

Banjul charter

Every 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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law. 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. 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. 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. 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

Vienna consular relations

UN Document

Supplementary protocol

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

Treaty

Banjul charter

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 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

Treaty

Supplementary protocol

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

Treaty

Banjul charter

Treaty

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;

Treaty

Banjul charter

Treaty

ECW:CCJ:APP:05:06

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaties and softlaw only89
- Treaty49
- Rules of Procedure5
- UN Document35
International cases/decisions1
- ECOWAS Court1
Geolocation1
- Countries geolocation1

Create Reference

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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