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
d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication;
ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali
Cour de justice de la CEDEAO Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.
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.
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
4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.
ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali
25.Lacompétencede laCourpour connaitre d'une affaire déterminéedépendnonseulement desestextesmaiségalementdelasubstancedela requêteinitiale.LaCouraccordetouteattention auxprétentionsdes demandeurs,auxmoyensqu'ilsinvoquentetdanslecasoùdesviolations dedroitdel'hommesontalléguées,desaprésentationparlesparties. Ellerecherche doncsi la constatation delaviolationdes droits del'hommeformel'objetprincipaldelarequêteetsilesmoyens etlespreuvesproduitstendentessentiellementàétablirdetellesviolations
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
Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”
ECW/CCJ/JUD/07/10 Registered Trustees of the Socio-Economic and Accountability Project (SERAP) v Nigeria & anor
Cour de justice de la CEDEAO 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.
CASE OF BOUYID v. BELGIUM (Application No. 23380/09)
CASE OF SELCUK AND ASKER v. TURKEY (12/1997/796/998-999)
Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) c. Soudan
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.
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/03/08 - Chief Ebrimah Manneh c. Gambie
Cour de justice de la CEDEAO Gutierrez-Soler v. Colombia
Inter-American Court/Commission Documents CASE OF BOUYID v. BELGIUM (Application No. 23380/09)
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.
Case of Ivcher Bronstein v. Peru
Inter-American Court/Commission Documents European Convention on Human Rights
ARTICLE 1Protection of propertyEvery natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
224/98 Media Rights Agenda and Others v Nigeria
CESCR General Comment No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant)
Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) c. Soudan
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.
UN Principles on Housing and Property Restitution for Refugees and Displaced Persons (Pinheiro Principles)
5. The right to be protected from displacement 5.1 Everyone has the right to be protected against being arbitrarily displaced from his or her home, land or place of habitual residence. 5.2 States should incorporate protections against displacement into domestic legislation, consistent with international human rights and humanitarian law and related standards, and should extend these protections to everyone within their legal jurisdiction or effective control. 5.3 States shall prohibit forced eviction, demolition of houses and destruction of agricultural areas and the arbitrary confiscation or expropriation of land as a punitive measure or as a means or method of war.5.4 States shall take steps to ensure that no one is subjected to displacement by either State or non-State actors. States shall also ensure that individuals, corporations, and other entities within their legal jurisdiction or effective control refrain from carrying out or otherwise participating in displacement
CASE OF CONNORS v. THE UNITED KINGDOM (Application No. 66746/01)
European Convention on Human Rights
ARTICLE 8Right to respect for private and family life1. Everyone has the right to respect for his private and family life, his home and his correspondence.2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others
CABRERA GARCIA AND RODIFO MONTIEL FLORES V. MEXICO
Inter-American Court/Commission Documents CASE OF ILHAN v. TURKEY (Application No. 22277/93)
European Convention on Human Rights
ARTICLE 13Right to an effective remedyEveryone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity
European Convention on Human Rights
ARTICLE 13Right to an effective remedyEveryone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity
48/90-50/91-52/91-89/93 - Amnesty International, Comité Loosli Bachelard, Lawyers' Committee for Human Rights, Association of Members of the Episcopal Conference of East Africa v Sudan
54/91_61/91_96/93_98/93_164/97 _196/97 _210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l'Homme and RADDHO, Collectif des Veuves et Ayants-Droit, Association Mauritanienne des Droits de l'Homme v Mauritania
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 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.