Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Universal Declaration of Human Rights (UDHR)
Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Universal Declaration of Human Rights (UDHR)
Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
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.
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Universal Declaration of Human Rights (UDHR)
Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Universal Declaration of Human Rights (UDHR)
Article 9 No one shall be subjected to arbitrary arrest, detention or exile.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
Universal Declaration of Human Rights (UDHR)
Article 6 Everyone has the right to recognition everywhere as a person before the law.
Universal Declaration of Human Rights (UDHR)
Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.
Universal Declaration of Human Rights (UDHR)
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.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
International Covenant on Economic, Social and Cultural Rights ICESCR
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 6 No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 1 No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 35 71. Damage incurred because of acts or omissions by a public official contrary to the rights contained in these principles shall be compensated according to the applicable rules or liability provided by domestic law. 2. Information required to be recorded under these principles shall be available in accordance with procedures provided by domestic law for use in claiming compensation under the present principle.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 38 A person detained on a criminal charge shall be entitled to trial within a reasonable time or to release pending trial.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 37 A person detained on a criminal charge shall be brought before a judicial or other authority provided by law promptly after his arrest. Such authority shall decide without delay upon the lawfulness and necessity of detention. No person may be kept under detention pending investigation or trial except upon the written order of such an authority. A detained person shall, when brought before such an authority, have the right to make a statement on the treatment received by him while in custody.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 8 Persons in detention shall be subject to treatment appropriate to their unconvicted status. Accordingly, they shall, whenever possible, be kept separate from imprisoned persons.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 36 1. A detained person suspected of or charged with a criminal offence shall be presumed innocent and shall be treated as such until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. The arrest or detention of such a person pending investigation and trial shall be carried out only for the purposes of the administration of justice on grounds and under conditions and procedures specified by law. The imposition of restrictions upon such a person which are not strictly required for the purpose of the detention or to prevent hindrance to the process of investigation or the administration of justice, or for the maintenance of security and good order in the place of detention shall be forbidden.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 5 21. These principles shall be applied to all persons within the territory of any given State, without distinction of any kind, such as race, colour, sex, language, religion or religious belief, political or other opinion, national, ethnic or social origin, property, birth or other status. 2. Measures applied under the law and designed solely to protect the rights and special status of women, especially pregnant women and nursing mothers, children and juveniles, aged, sick or handicapped persons shall not be deemed to be discriminatory. The need for, and the application of, such measures shall always be subject to review by a judicial or other authority.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 1 All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 32 1. A detained person or his counsel shall be entitled at any time to take proceedings according to domestic law before a judicial or other authority to challenge the lawfulness of his detention in order to obtain his release without delay, if it is unlawful. 2. The proceedings referred to in paragraph 1 of the present principle shall be simple and expeditious and at no cost for detained persons without adequate means. The detaining authority shall produce without unreasonable delay the detained person before the reviewing authority.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 10 Anyone who is arrested shall be informed at the time of his arrest of the reason for his arrest and shall be promptly informed of any charges against him.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 12 31. There shall be duly recorded: ( a ) The reasons for the arrest; ( b ) The time of the arrest and the taking of the arrested person to a place of custody as well as that of his first appearance before a judicial or other authority; ( c ) The identity of the law enforcement officials concerned; ( d ) Precise information concerning the place of custody. 2. Such records shall be communicated to the detained person, or his counsel, if any, in the form prescribed by law.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 2 Arrest, detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law and by competent officials or persons authorized for that purpose.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 3 There shall be no restriction upon or derogation from any of the human rights of persons under any form of detention or imprisonment recognized or existing in any State pursuant to law, conventions, regulations or custom on the pretext that this Body of Principles does not recognize such rights or that it recognizes them to a lesser extent.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 9 The authorities which arrest a person, keep him under detention or investigate the case shall exercise only the powers granted to them under the law and the exercise of these powers shall be subject to recourse to a judicial or other authority.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 4 Any form of detention or imprisonment and all measures affecting the human rights of a person under any form of detention or imprisonment shall be ordered by, or be subject to the effective control of, a judicial or other authority.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 39 Except in special cases provided for by law, a person detained on a criminal charge shall be entitled, unless a judicial or other authority decides otherwise in the interest of the administration of justice, to release pending trial subject to the conditions that may be imposed in accordance with the law. Such authority shall keep the necessity of detention under review.
Rules of the Court of Justice of the Economic Community of West African States
Rules of the Court of Justice of the Economic Community of West African States
4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Rules of the Court of Justice of the Economic Community of West African States
4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded.
Rules of the Court of Justice of the Economic Community of West African States
Article 901. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.
Rules of the Court of Justice of the Economic Community of West African States
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 the Court of Justice of the Economic Community of West African States
Article 901. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default.
Rules of the Court of Justice of the Economic Community of West African States
4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded.
ECW/CCJ/JUD/30/18 - Chude Mba c. Ghana & 15 Autres (Tous les États membres de la CEDEAO & la Commission de la CEDEAO)
Cour de justice de la CEDEAO Rules of the Court of Justice of the Economic Community of West African States
4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded.
ECW/CCJ/JUD/11/15 Mohammed El Tayyib Bah v Sierra Leone
Cour de justice de la CEDEAO PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE
b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court other than those specified in this Article.
PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE
The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.
ECW/CCJ/JUD/16/14 SERAP & 10 Autres c. Nigeria & 4 Autres
Cour de justice de la CEDEAO ECW/CCJ/JUD/13/19 Karim Meissa Wade v Senegal
Cour de justice de la CEDEAO ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali
Cour de justice de la CEDEAO ECW/CCJ/JUD/24/19 Dr. George S. Boley v. Liberia & 3 Ors
Cour de justice de la CEDEAO Rules of the Court of Justice of the Economic Community of West African States
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 the Court of Justice of the Economic Community of West African States
Article 34The application shall be served on the defendant. In a case where Article 33 (6) applies, service shall be affected as soon as the application has been put in order.
ECW/CCJ/JUD/24/16 Vision Kam Jay Investment Limited v. Chairperson of ECOWAS Commission & ECOWAS Commission
Cour de justice de la CEDEAO ECW/CCJ/JUD/11/15 Mohammed El Tayyib Bah v Sierra Leone
Cour de justice de la CEDEAO Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 2 Arrest, detention or imprisonment shall only be carried out strictly in accordance with the provisions of the law and by competent officials or persons authorized for that purpose.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 3 There shall be no restriction upon or derogation from any of the human rights of persons under any form of detention or imprisonment recognized or existing in any State pursuant to law, conventions, regulations or custom on the pretext that this Body of Principles does not recognize such rights or that it recognizes them to a lesser extent.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 4 Any form of detention or imprisonment and all measures affecting the human rights of a person under any form of detention or imprisonment shall be ordered by, or be subject to the effective control of, a judicial or other authority.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 39 Except in special cases provided for by law, a person detained on a criminal charge shall be entitled, unless a judicial or other authority decides otherwise in the interest of the administration of justice, to release pending trial subject to the conditions that may be imposed in accordance with the law. Such authority shall keep the necessity of detention under review.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
Principle 9 The authorities which arrest a person, keep him under detention or investigate the case shall exercise only the powers granted to them under the law and the exercise of these powers shall be subject to recourse to a judicial or other authority.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
Universal Declaration of Human Rights (UDHR)
Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.
International Covenant on Economic, Social and Cultural Rights ICESCR
rticle 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
UN Res. 43/173 Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (UN MSR 1988)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
ECW/CCJ/JUD/13/12 Badini Salfo v. Burkina Faso
Cour de justice de la CEDEAO Pacte International relatif aux Droits Civils et Politiques
2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law.
Pacte International relatif aux Droits Civils et Politiques
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Article 1 1. For the purposes of this Convention, the term "torture" means any actby which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
rticle 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.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
ECW/CCJ/JUD/05/11 Centre for Democracy and Development & Center for Defence of Human Rights and Democracy v Mamadou Tandja & Niger
Cour de justice de la CEDEAO ECW/CCJ/JUD/04/18 - Federation of African Journalists and Others v The Gambia
Cour de justice de la CEDEAO ECW/CCJ/JUD/23/16 Col. Mohammed Sambo Dasuki (RTD) v. Nigeria
Cour de justice de la CEDEAO 05/2013 - Alex Thomas v United Republic of Tanzania - Judgment & Dissenting Opinion
Décision de la Cour africaine 05/2013 - Alex Thomas v United Republic of Tanzania - Judgment & Dissenting Opinion
104. Similarly,theInter-AmericanCourtofHumanRightshas elaboratedontheprincipleofreasonabletime,assetforthinArticle8(1)oftheAmericanConventiononHumanRights,whichissimilartoArticle7(1)(d)oftheCharter.17 Indoingso,theInter-American Courthasadoptedtheapproachof theEuropeanCourtofHuman Rightsinthisregard,inrespectofwhichthelatterCourthaslaidou threeelements whichshouldbetakenintoaccounttoestablishthe fairnessofthetimeincurredinjudicialproceedings.Theseare:a) thecomplexityofthematter,b) theproceduralactivitiescarriedout bytheinterestedparty,andc)theconductofjudicialauthoritieS.18
Décision de la Cour africaine 005/2013 Alex Thomas v. United Republic of Tanzania
Affaire de la Cour africaine Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Pacte International relatif aux Droits Civils et Politiques
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.
CCPR General Comment No. 35: Article 9 (Liberty and Security of Person)
005/2013 Alex Thomas v. United Republic of Tanzania
Affaire de la Cour africaine Universal Declaration of Human Rights (UDHR)
Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
International Covenant on Economic, Social and Cultural Rights ICESCR
rticle 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) c. Soudan
011/2011 Reverend Christopher R. Mtikila v Tanzania - Ruling on Reparation
Décision de la Cour africaine Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Rules of the Court of Justice of the Economic Community of West African States
Rules of the Court of Justice of the Economic Community of West African States
11. If costs are not claimed, the parties shall bear their own costs.
Rules of the Court of Justice of the Economic Community of West African States
4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.