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008/11 Ekollo Alexandre v. Nigeria & Cameroon (Dissenting Opinion - Fatsah Ouguergouz)

AfCHPR Decision

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Fatsah Ouguergouz4

008/11 Ekollo Alexandre v. Nigeria & Cameroon (Dissenting Opinion - Fatsah Ouguergouz)

AfCHPR Decision

Preview

Type of Document

Dissenting Opinion

Keywords

Forum Prorogatum

Country

Nigeria

Outcome

Dissenting Opinion

Year Decided: Jun 17, 2011

Rights Violated (ACHPR Provisions)

None Indicated

Duration of Procedure: Jun 6, 2011 ~ Jun 17, 2011

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked AfCHPR Decision): Nigeria

Primary Documents

008_11 Ekollo Alexandre v. Nigeria & Cameroon (Dissenting Opinion - Fatsah Ouguergouz).pdf
English
ML TOC
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18. 008-2011 – Ekollo M. Alexandre v. Republic of Cameroon and Federal Republic of Nigeria (Opinião Separada do Venerando Juiz Fatsah Ouguergouz).pdf
Portuguese
ML TOC
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RequÃªte no 008-2011 - M. Alexandre Ekollo c. RÃ©publique du Cameroun et RÃ©publique fÃ©dÃ©rale du Nigeria.pdf
French
ML TOC
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Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may consider cases or transferthem to the Commission.

Treaty

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AfCHPR Decision

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AfCHPR Decision

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case.

Treaty

Rules of Court (African Court on Human and People's Rights)

2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 52Preliminary Objections1. Any party served with the application may raise preliminary objections toany part or parts thereof.2. Preliminary objections shall be raised at the latest before the date fixed bythe Court for the filing of the first set of pleadings to be submitted by theparty who intends to raise the objections.3. The submission of preliminary objections shall not cause the proceedingson the substantive case to be suspended unless the Court so decides. In anycase, the Court shall rule on the objections or incorporate its ruling in itsdecision on the substantive case.4. Every preliminary objection shall set out the facts and the law on whichthe objection is based as well as the submissions and a list of the documentsin support, if any; it shall also specify any evidence which the party intendsto produce. Certified copies of all supporting documents shall be attached.5. Where a party raises a preliminary objection, the Court shall invite theother party to submit, its written observations in reply before ruling on thepreliminary objection, the Court may decide to invite the parties to submitfurther observations in writing.6. Before deciding on the preliminary objection, the Court may, on therequest of a party, or of its own accord, decide to hold a hearing if it deems itnecessary.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may consider cases or transferthem to the Commission.

Treaty

005/11 Daniel Amare & Mulugeta Amare v. Mozambique & Mozambique Airlines

AfCHPR Decision

006/2011 – Association des Juristes d’Afrique pour la Bonne Gouvernance v. Republic of Cote d’ Ivoire

AfCHPR Decision

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 6 ADMISSIBILITY OF CASES1. The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.3. The Court may consider cases or transferthem to the Commission.

Treaty

1969 Vienna Convention on the Law of Treaties

UN Document

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

If the Commission has taken 1. a decision with respect to a communication submitted under Articles 48, 49 or 55 of the Charter and considers that the State has not complied or is unwilling to comply with its recommendations in respect of the communication within the Part FourRELATIONSHIPS WITH THE AFRICAN COURTPart Four : Relationships With The African Court 44period stated in Rule 112(2), it may submit the communication to the Court pursuant to Article 5 (1) (a) of the Protocol and inform the parties accordingly. If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned. The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.The Commission may seize the Court 4. at any stage of the examination of a communication if it deems necessary

ACHPR Soft Law

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

1. The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may consider cases or transferthem to the Commission.

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned.

ACHPR Soft Law

Rules of Court (African Court on Human and People's Rights)

5.a.Where the Court decides to transfer a case to the Commission pursuant to Article 6(3) of the Protocol, it shall transmit to the Commission a copy of the entire pleadings so far filed in the matter accompanied by a summary report. 21At the request of the Commission, the Court may also transmit the original case file.b.The Registrar shall immediately notify the parties who were before the Court about the transfer of the case to the Commission.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may consider cases or transferthem to the Commission.

Treaty

Rules of Court (African Court on Human and People's Rights)

6. Before deciding on the preliminary objection, the Court may, on therequest of a party, or of its own accord, decide to hold a hearing if it deems itnecessary.

Rules of Procedure

African Charter on Human and Peoples' Rights

1. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases.

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

The Commission may also, in 2. conformity with Article 5 of the African Court Protocol and Rule 118(3) of the present Rules of Procedure, refer the matter to the African Court.

ACHPR Soft Law

Rules of Procedure of the African Commission on Human and People's Rights

The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.

ACHPR Soft Law

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 8 CONSIDERATION OF CASESThe Rules of Procedure of the Court shall lay down the detailed conditions under which the Court shall consider cases brought before it, bearing in mind the complementarity between the Commission and the Court.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 4 ADVISORY OPINIONS1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission. 2. The Court shall give reasons for its advisory opinions provided that every judge shall be entitled to deliver a separate of dissenting decision.Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may consider cases or transferthem to the Commission.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 33 RULES OF PROCEDUREThe Court shall draw up its Rules and determine its own procedures. The Court shall consult the Commission as appropriate.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 2 RELATIONSHIP BETWEEN THE COURT AND THE COMMISSIONThe Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples` Rights hereinafter referred to as “the Commission”, conferred upon it by the African Charter on Human and Peoples` Rights, hereinafter referred to as “the Charter”.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

3. The Court may consider cases or transferthem to the Commission.

Treaty

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- Treaty18
- Rules of Procedure4
- UN Document1
- ACHPR Soft Law4
Cases Referenced5
- AfCHPR Decision4
- Treaty1
Location1
- Countries (Geolocation) 1

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