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ECW/CCJ/JUD/04/20 The Reg. Trustees of Jama'a Foundation & 5 Ors v. Nigeria & The Attorney General and Minister of Justice of The Federation

ECOWAS Court

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JUDGMENT OF THE COURT2
AND THE FOLLOWING HAVE APPENDED THEIR SIGNATURES:44

ECW/CCJ/JUD/04/20 The Reg. Trustees of Jama'a Foundation & 5 Ors v. Nigeria & The Attorney General and Minister of Justice of The Federation

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/26/13

ECCJ Jud No.: ECW/CCJ/JUD/04/20

Type of Document

Judgement

Keywords

Damages and Compensation
Democracy
Economic, Social and Cultural Development
Elections / Referendums
Equality
Equality Before the Law
Extra-Judicial Killings
Freedom of Expression / Digital Rights
Freedom of Opinion
Freedom of Religion
Impunity
Insurrection
Inter-Religious Disputes
Internal Displacement
Investigation
Massive Human Rights Violations
Murder/Assassination
Peace and Security
Personal Liberty
Refugees / Asylum Seekers
Right to Dignity
Right to Education
Right to Health
Right to Life
Right to Property

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Mar 20, 2020

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4g: Recognition, promotion and protection of human and peoples' rights

African Charter Rights Alleged to be Violated

ACHPR 1: General Obligations
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

African Charter Rights Violated

ACHPR 1: General Obligations
ACHPR 4: Right to Life and Integrity

African Charter Rights Not Violated

ACHPR 1: General Obligations

Duration of Procedure: ~ Mar 20, 2020

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ECOWAS Court): Nigeria

Primary Documents

ECW-CCJ-JUD-04-20-THE-REG.-TRUSTEES-OF-JAMAA-FOUNDATION-5-ORS-v.-NIGERIA.pdf
English
ML TOC
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ECOWAS Revised treaty

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

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 231. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. 2. The right of men and women of marriageable age to marry and to found a family shall be recognized. 3. No marriage shall be entered into without the free and full consent of the intending spouses. 4. States Parties to the present Covenantshall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 171. No one shallbe subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.

UN Document

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

Universal Declaration of Human Rights (UDHR)

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

Universal Declaration of Human Rights (UDHR)

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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

Universal Declaration of Human Rights (UDHR)

UN Document

Universal Declaration of Human Rights (UDHR)

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Universal Declaration of Human Rights (UDHR)

Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

UN Document

Universal Declaration of Human Rights (UDHR)

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

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 43. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 2 21. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. 2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.

UN Document

ECW/CCJ/JUD/16/14 SERAP & 10 Ors v. Nigeria & 4 Ors

ECOWAS Court

ECW/CCJ/JUD/24/15 Stella Ifeoma N. & 20 Ors v. Nigeria

ECOWAS Court

ECW/CCJ/JUD/24/15 Stella Ifeoma N. & 20 Ors v. Nigeria

7Another argumentraisedbytheDefendantisthatthePlaintiffcannotclaimany form of"righttolife" before theECOWASCourt,particularlyasaresult ofthe factthat thevictims are"deceased".InitsNotice ofPreliminaryObjection,the FederalRepublicofNigeriasubmittedthat: "Havingacknowledgedthefactthat thedeceasedpersons weremurdered,their (thedeceased's)rightstolifewere thusextinguishedandareunenforceablebythePlaintifforanyother persons... And the HonourableCourt will have no jurisdictionto entertainthe suit." Further, in its written pleadings, the Federal Republic of Nigeria equally contended that:"SincethePlaintiffmaintainthatthedeceasedwerekilled,the aforesaiddeceased'srighttolifeisunenforceable.TheHonourableCourtcannot enforceanunenforceableright."TheDefendant'sreasoningthustendsto denythe heirs andclose·relatives of the "deceased" every right to bring any claim whatsoeverbefore the Court, notably insofarasitconcerns "righttolife."Suchviewontheissueisinconsistentwith thepractice ofseveralinternational courts,before whichtherightofpersonsclosetopeopleconsidered"deceased" or"disappeared",iswellestablished. Anumberofinternationalinstitutionsmay becitedinthat regard:-TheUNCommitteeonHumanRights(CommunicationNo.1912/2009,Views adopted bythe Committeeatits106th Session,15October-2November2012};-The Inter-American Court of Human Rights (Velasquez Rodriguez v.Honduras,29July1988};EuropeanCourtofHumanRights(JudgmentsonKurtv.Turkey,20May1998, andCakiciv.Turkey,8July1999}.BeforealltheseCourts,itisupheldthatcloserelatives of"deceased"victimsare entitledto bringingsuchcasesbefore court. TheECOWASCourt ofJusticeis thereforequite surprised bythe Defendant'sargumentthat sucharight may onlybeclaimed bysuchholders asarealive,andnot dead.When itbecomes impossible for him whose right isviolatedto insist on that right or to seek redress,either becauseheisdeceased orpreventedinone way orthe other 8from doingso,itisperfectlynormal that theright tobring hiscasebefore the lawcourts should fallonother personsclosetohim. Itwould amount tothe scopeofhumanrightsbeingshrunkconsiderably,with thebeneficial effectsof thelegalprovisions endorsinghumanrightshavingbeenreduced,ifthejudicial recognitionof human rights is conditionedupon the physical presence of claimantsbeforetherelevantlitigatingbodies.Similarly,itwould amounttoadangerousacceptanceoftheseriousoffenceof murder, ifoneshould endorse theideathat,somehow,a"deceased" person losesallhisrights,andcannot bring hiscasebefore court, not eventhrough persons closeto him. TheCourt isof the view that to endorse that line of reasoningwould besynonymouswith opening upthe highway toimpunity,in anera where committing"murder",and its corollaryof torture,.constitute violations oftheimperativenormsofinternationallawjuscogens).Itisworthy torecall,atthisjuncture,anumberofinitiativesorlegalinstruments adopted bythe United Nations,notably thosedirectly related tothe issueof "disappearance"ofpersons:UnitedNationsDeclaration onProtection ofAllPersonsfromEnforced Disappearance,adopted bythe GeneralAssembly (includingthe Stateof Nigeria) on 18 December 1992, whose Article 17 (1) states: "Acts constituting enforced disappearance shallbe considered a continuingoffence as long as the perpetrators continue to concealthe fate andwhereabouts ofpersonswhohavedisappearedandtheseremain unclarified.";Reportofthe WorkingGrouponEnforcedorInvoluntaryDisappearances, undertheHumanRightsCommissionoftheUnited Nations;ReportoftheUnited NationsWorkingGrouponArbitraryDetention,under thesameUnited NationsHumanRightsCommission.

ECOWAS Court

ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali

ECOWAS Court

ECW/CCJ/JUD/04/12 Mme Aziablevi Yovo & 31 Ors v. Societe Togo Telecom & Togo

ECOWAS Court

ECW/CCJ/JUD/03/17 Nosa Ehanire Osaghae & 3 Others (on behalf of Niger Delta people) v Nigeria

ECOWAS Court

ECW/CCJ/JUD/18/16 The Incorporated Trustees of Fiscal and Civic Right Enlightenment Foundation v. Nigeria et al.

ECOWAS Court

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)

Treaty

ECW/CCJ/JUD/07/13 Aziagbede Kokou & 33 Ors, Atsou Komlavi & 4 Ors, & Tomekpe Lanou & 29 Ors v. Togo

ECOWAS Court

ECW/CCJ/JUD/01/08 Odafe Oserada v. Council of Ministers & 2 ors

ECOWAS Court

ECW/CCJ/JUD/24/15 Stella Ifeoma N. & 20 Ors v. Nigeria

ECOWAS Court

ECW/CCJ/JUD/06/19 - Rev. Fr. Solomon Mfa & 11 Ors v. Nigeria & 5 Ors

ECOWAS Court

ECW/CCJ/JUD/18/16 The Incorporated Trustees of Fiscal and Civic Right Enlightenment Foundation v. Nigeria et al.

ECOWAS Court

ECW/CCJ/JUD/16/14 SERAP & 10 Ors v. Nigeria & 4 Ors

77.A cause of action can bedescribed as the reason or the facts that entitle a person to sue or bring his case to the court,orafactualsituationthatentitlesoneperson toobtain fromthecourt aremedyagainst another person.(Letang v.Cooper[1960]2AllER929

ECOWAS Court

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/02/12 Femi Falana & Anor v Benin & 2 Others

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECOWAS Protocol on Democracy and Good Governance

Treaty

ECOWAS Protocol on Democracy and Good Governance

h) The rights set out in the African Charter on Human and People's Rights and other internationalinstruments shall be guaranteed in each of the ECOWAS Member States; each individual or organisationshall be free to have recourse to the common or civil law courts, a court of special jurisdiction, or any othernational institution established within the framework of an international instrument on Human Rights, toensure the protection of his/her rights.In the absence of a court of special jurisdiction, the present Supplementary Protocol shall be regarded asgiving the necessary powers to common or civil law judicial bodies.4

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

Communication 266/03 - Kevin Mgwanga Gunme et al v. Cameroon

122.The Respondent State admits that between 1997 and 2001, some individuals were transferred from the North West Cameroon, and were tried for various criminal offences by the Yaoundé Military Tribunal. These offences include unlawful incitement, disturbances of public peace, destruction of public property, assassination of gendarmes and civilian individuals, illegal possession of weapons and ammunition and the illegal declaration of the independence of Anglophone Cameroon on 30 December 1999.

ACHPR Decision

272/03 Association of Victims of Post Electoral Violence & Interights v Cameroon

ACHPR Decision

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

CCPR General Comment No. 35: Article 9 (Liberty and Security of Person)

UN Document

CCPR General Comment No. 35: Article 9 (Liberty and Security of Person)

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

272/03 Association of Victims of Post Electoral Violence & Interights v Cameroon

124. It appears that complainants drew the infringement of the enjoyment of their rights and freedomshence the violation of Article 2 of the Charter, from the fact that the respondent State failed to takeadequate measures to prevent the violence which led to the physical harm and material damage sufferedby the victims.125. The African Commission is of the view that there is no doubt in the present case that the victims of thepost elections violence suffered from damage which infringed the enjoyment of their rights. RespondentState did not debate the fact of harm being caused to the victims, but rather argued that the post electionevents are act of God and therefore it is beyond the capability of the State of Cameroon which should notbe held liable126. The African Commission is therefore in the position to hold that the provisions of Article 2 of theAfrican Charter have been violated because the victims were enjoying their rights and freedoms when theywere attacked. Such attacks which infringed their rights and freedoms were made possible because theState of Cameroon failed to fulfill its obligation to protect which incumbent upon the State.

ACHPR Decision

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (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

Communication 266/03 - Kevin Mgwanga Gunme et al v. Cameroon

115.The communication further gives details of victims who were arrested, detained for days, sometimes for months without trial before being released in violation of Article 6 of the Charter.

ACHPR Decision

ECW/CCJ/JUD/13/12 Badini Salfo v. Burkina Faso

ECOWAS Court

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

ECW/CCJ/JUD/11/14 Tidjane Konte v. Ghana

ECOWAS Court

African Charter on Human and Peoples' Rights (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

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

No Label3
- ECOWAS Court3
Treaties and softlaw only87
- Treaty56
- UN Document31
International cases/decisions20
- ECOWAS Court16
- ACHPR Decision4
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