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Dexter Eddie John son v. Ghana
Application No. 016/2017
Dissenting Opinion
Judge Blaise Tchikaya
Introduction
L
An exception to non bis in idem was possible
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A. A literal and inappropriate interpretation of "non bis in idem"
B. The known exceptions lo non bis in idem should have applied
ll.
The decision taken is a setback for human rights development
A.
Lost opportunity of expected control
B.
The Dexter case has peculiarities which are not found in the Jean-Claude Roger
Gombeft case of 2018.
1. I beg to disagree
with the Court's decision of 29 March 2019, as well as the
rationes decidendi in Dexter Eddie Johnson v. Ghana. I would have added my
vote to the majority opinion, but the arguments in support thereof seem to be
insufficient. The reasons for this dissenting opinion are stated below:
2.
My dissent focusses on the outcome of the Court's line of reasoning as a whole
and on its findings in the operative part. Moreover, as sufficiently shown by the
Court, it pays particular attention to matters concerning the protection of the
essential aspects of human rights, particularly the integrity of persons and the
right to life; Eddie Johnson afforded us that opportunity.
3.
I regret to disagree with the majority here; yet my dissent reflects my commitment
to the protection of the rights in question. My desire to formally record this
inevitable sentiment, born out of compelling respect for human rights in
accordance with continental legal instruments, is thus aroused. As noted by the