Article 6 of the African Charter on human and peoples’ rights provides: “Every
individual shall have 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 5 of the African Charter on human and peoples’ rights provides “every
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”
An arrest which is lawful may otherwise become unlawful where it is carried
out arbitrarily. In determining the lawfulness of an alleged arrest and detention
of an Applicant, the human rights jurisdiction of this Court will be invoked.
Article 9 (4) of the Supplementary Protocol provides that:
“The Court has jurisdiction to determine cases of violation of human rights that
occur in any member State”.
In HISSEIN HABRE V. REPUBLIC OF SENEGAL (2010) CCJELR, this Court
held that in order to determine whether or not it has jurisdiction to entertain a
matter, it has to examine:
If the issues submitted before it deals with a right which has been enshrined
for the benefit of the human person;
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