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ECW/CCJ/JUD/04/18 - Federation of African Journalists and Others v The Gambia

ECOWAS Court

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1. SUMMARY OF FACTS AND PROCEDURE2
2. ANALYSIS BY THE COURT9
2.1. PRELIMINARY OBJECTION14
1. Whether the 1" Plaintiff is a legal person and whether it has the locus standi toinstitute this action15
2. Whether from the totality of facts before this Court, 3“ Plaintiff's claim is statute barred19
3. Exhaustion of Local Remedies26
4. ON THE SUBSTANCE29
Can this court examine the impugned provisions of the laws of Gambia asurged by the Plaintiffs.30
Do the provisions of the laws of the Gambia on sedition, criminal libel and falsenews publication constitute an infringement on the human rights of the plaintiffs asalleged?33
Whether in the circumstances of this case, the Defendant has violated the rights of the Plaintiffs as alleged.48
Whether in the circumstances of this case, the Defendant has violated the rights of the Plaintiffs as alleged.48
DECISION60

ECW/CCJ/JUD/04/18 - Federation of African Journalists and Others v The Gambia

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/36/15

ECCJ Jud No.: ECW/CCJ/JUD/04/18

Type of Document

Judgement

Keywords

Arbitrary Arrest and Detention
Freedom of Expression / Digital Rights
Right to Dignity
Transitional Justice

Case Headnotes: The case concerns crackdown on journalists during the Jahmeh era for reportage that were not favourable to the regime. All journalists concerned eventually went on exile after acquitted and released.

Country

Gambia

Outcome: Decided on Merits

Year Decided: Feb 13, 2018

African Charter Rights Alleged to be Violated

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Violated

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: Apr 9, 2017 ~ Feb 13, 2018

Country Geolocation

Latitude: 13.443182

Longitude: -15.310139

Country Geolocation (linked ECOWAS Court): Gambia

Primary Documents

ECW_CCJ_JUD_04_18 FAJ and Others v The Gambia.pdf
English
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 9 1. Every individual shall have the right to receive information.

Treaty

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

2. Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

International Covenant on Civil and Political Rights ICCPR

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

UN Document

ECOWAS Revised treaty

2.To this end they undertake as follows:a)tomaintainwithintheirborders,andbetweenoneanother,freedomofaccess for professionalsof the communication industry and for informationsources;b)tofacilitateexchangeof informationbetweentheirpressorgans;to promoteand foster effectivedisseminationof informationwithin the Community;c)toensurerespectfor the rights ofjournalists;d)to takemeasurestoencourageinvestmentcapital,bothpublicandprivate,in thecommunicationindustriesinMemberStates;e)tomodernisethe mediabyintroducingtrainingfacilitiesfor newinformationtechniques;andf)topromoteandencouragedisseminationofinformationinindigenouslanguages,strengtheningco-operationbetweennationalpressagenciesanddevelopinglinkages between them.

Treaty

International Covenant on Civil and Political Rights ICCPR

1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.

UN Document

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

Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.

Treaty

International Covenant on Civil and Political Rights ICCPR

4. No one shall be arbitrarily deprived of the right to enter his own country.

UN Document

ECOWAS Court Rules of Procedure

Article 87 1. A party applying to the Court for a decision on a preliminary objection or other preliminary plea not going to the substance of the case shall make the application by a separate document.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. The application must state the pleas of fact and law relied on and the form of order sought by the applicant and any supporting documents must be annexed to it.

Rules of Procedure

ECOWAS Court 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

International Covenant on Civil and Political Rights ICCPR

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

UN Document

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

The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

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

Article 9 1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Universal Declaration of Human Rights (UDHR)

Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 191. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

UN Document

No Label7
- ECOWAS Court7
Location1
- Countries (Geolocation) 1
Treaties and softlaw only16
- Treaty6
- UN Document7
- Rules of Procedure3

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