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No. 10 DAR ES SALAAM CRESCENT, COMMUNITY COURT OF JUSTICE, ECOWAS COUR DE JUSTICE DE LA COMMUNAUTE, CEDEAO TRIBUNAL DE JUSTIÇA DA COMMUNIDADE, CEDEAO OFF AMINU KANO CRESCENT, WUSE II, ABUJA-NIGERIA. PMB 567 GARKI, ABUJA TEL/FAX:234-9-6708210/095240781 Website: www.courtecowas.org COUR DE JUSTICE DE LA COMMUNAUTE, CEDEAO ABUJA – NIGERIA Rôle Général: n° ECW/CCJ/APP / 20/14 Arrêt n° ECW/CCJ/ JUD/05/15 du 23 avril 2015 (Arrestation et détention arbitraire) Monsieur Georges Constant AMOUSSOU : DEMANDEUR Contre L’Etat du Bénin: DEFENDEUR COMPOSITION DE LA COUR Hon. Juge Jérôme TRAORE Président Hon. Juge Hamèye F. MAHALMADANE Juge Rapporteur Hon. Juge Alioune SALL Membre Assisté de Me Athanase ATANNON Greffier 1

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I-PARTIES2
II- FAITS ET PROCEDURE3
III-MOYENS ET PRETENTIONS4
IV- MOTIVATION9
Sur la demande de procédure accélérée9
Sur l’exception d’irrecevabilité de la requête formulée par le défendeur11
Sur la requête de Monsieur AMOUSSOU13
Sur les dépens16
PAR CES MOTIFS16

ECW/CCJ/JUD/05/15 George Constant Amoussou v. Republic of Benin

ECOWAS Court

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ECCJ App no.: ECW/CCJ/APP/20/14

ECCJ Jud No.: ECW/CCJ/JUD/05/15

Type of Document

Judgement

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Damages and Compensation

Country

Benin

Outcome: Ruled Inadmissible

Year Decided: Apr 23, 2015

African Charter Rights Alleged to be Violated

ACHPR 3:2: Every individual shall be entitled to equal protection of the law.
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure: Sep 23, 2014 ~ Apr 23, 2015

Country Geolocation

Latitude: 9.30769

Longitude: 2.315834

Country Geolocation (linked ECOWAS Court): Benin

Primary Documents

ECW_CCJ_JUD_05_15.pdf
English
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ECW_CCJ_JUD_05_15 George Constant Amoussou c. Republic of Benin.pdf
French
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ECW_CCJ_JUD_05_15.pdf
French
ML TOC
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International Covenant on Civil and Political Rights ICCPR

Article 91. 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. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

African Charter on Human and Peoples' Rights

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

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

Treaty

ECOWAS Court Rules of Procedure

Article 591. On application by the applicant or the defendant, the President may exceptionally decide, on the basis of the facts before him and after hearing the other party, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court shall give its ruling with the minimum of delay. 2. An application for a case to be decided under an expedited procedure shall be made by a separate document lodged at the same time as the application initiating the proceedings or the defense, as the case may be. 3. Under the expedited procedure, the originating application and the defense may be supplemented by a reply and a rejoinder only if the President considers this to be necessary. 4. An intervener may lodge a statement in intervention only if the President considers this to be necessary. 5. Once the defense has been lodged or, if the decision to adjudicate under an Expedited procedure is not made until after that pleading has been lodged, once that decision has been taken, the President shall fix a date for the hearing, which shall be communicated forthwith to the parties. 6. He may postpone the date of the hearing where the organization of measures of inquiry or of other preparatory measures so requires. 7. Without prejudice to rules, the parties may supplement their arguments and offer further evidence in the course of the oral procedure. They must, however, give reasons for the delay in offering such further evidence. 8. The Court shall give its ruling after hearing the parties.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 351. Within one month after service on him of the application, the defendant shall lodge a defense, stating: (a) the name and address of the defendant; (b) The arguments of fact and law relied on; (c) the form of order sought by the defendant; (d) the nature of any evidence offered by him. The provisions of Article 32 of these Rules shall apply to the defense. 2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

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