Ot 6 \ LD1?- )sl ")z-et1 oSLT o ' cD Judgme AM' 0005t0 DD53 Derter Eddie Jolrnson v. Republic of Ghana Application No. 016/2017 Dissenting Opinion of Judge Rafa6 Ben Achour L l voted against the above Judgment (Dexter Eddie Johnson v. Republic ofGhana) for two reasons 2. I consider that the Court should have declared the Application inadmissible. not on the basis of Article 56(7)r of the African Charter on Human and Peoples' Rights (hercinafter rcfcrrcd to as "the Charter") and Rulc 40(7) olthc Rules ofCourt (hereinafter referred to as "the Rules"), but rather on the basis of Anicle 56(6)2 of the Chartcr and Rulc 40(6) of'the Rules. that is, fbr tailure by the Applicant. Dexter F.ddie Johnson (hereinafter relbrred to as "the Applicant") to fllc his Applicalion belbre the Cou( rvithin a rcasonable tirne after the exhaustion oilocal remedics (hereinaftcr referred to as "LR") (I). 3. liurthermore. and assuming that the said limelrame is reasonablc, as held by the C-'ourt in paragraph 45 of the Judgment, thc Court should have declared the Application admissible and proceeded to the merits of the case, because, in my opinion, the case has not been "settled in accordance rvith the principles of the United Nations Charter, the Charter of the Organization olAlrican LJnity and the provisions of the present Charter." l-he Views olthe UN Human Rights Council (hereinafter referred to as "l lRC") do not. in my opinion, "settle" the case. (lI) I 4. Non-observance of reasonable time for seizure of the Court 'l'he requirement of the Charter, also rcflected in the Rules of Court, to ti le the application within a reasonable time, is a requirement based on the need for legal saleguards. This requirement is enshrined in the instrurnents ofthe three regional human rights Courts. However, whereas the Inter-American and European conventions have set thc deadline at six months as lrom the date of exhaustion of local remedies,3 the Charter lcft it first at the discretion of the Commission, and later, that of the Court, taking into consideration the circumstances ofeach case. I l-or cr)mmentar) on this iu ticle: See. Otj(it IllRCOt.lZ (l'-atsah). "Arricle 56". In KANl'l'O (Maurice) lDir).'lhe .l/riun ('hurter on tlumun und Peoples' llight.s untl lhe Prolocol on the f.stablishmenl of qn .lfrican ('ourt ll mun un.l Peoples' Rights .lrtic'le- by drliLle ('omnent.ul'. !lrussels. Ilruylant. 201 l. p, 1044. 2 lror comrnentar; on this aniclc: See. ft/err. p. 10.13. IArt.35(l)ofliuropean('onrcntionandarticle46( l)( b) of'the Inter-Anrerican Conrention. 1, c,J

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