Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 91.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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 91.Every individual shall have the right to receive information.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 91.Every individual shall have the right to receive information.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Every individual shall have the right to express and disseminate his opinions within the law.
Pacte International relatif aux Droits Civils et Politiques
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.
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.
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.
Pacte International relatif aux Droits Civils et Politiques
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
2. 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.
Pacte International relatif aux Droits Civils et Politiques
4. No one shall be arbitrarily deprived of the right to enter his own country.
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.
Pacte International relatif aux Droits Civils et Politiques
Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Règlement Intérieur de la Cour de Justice de la CEDEAO
Article 871. 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. 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.
Règlement Intérieur de la Cour de Justice de la CEDEAO
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.
Règlement Intérieur de la Cour de Justice de la CEDEAO
Article 891. An application to intervene must be made within six weeks of the publication of the notice referred to in Article 13(6) of these Rules. The application shall contain: (a) the description of the case; (b) the description of the parties; (c) the name and address of the intervener; (d) the intervener's address for service at the place where the Court has its seat; (e) the form of order sought, by one or more of the parties, in support of which the intervener is applying for leave to intervene; (f) a statement of the circumstances establishing the right to intervene, where the Application is submitted pursuant to Article 21 of the protocol. The intervener shall be represented in accordance with Article 12 of the protocol. Articles 32 and 33 of these rules shall apply. 2. The application shall be served on the parties. The President shall give the parties an opportunity to submit their written or oral observations before deciding on the application. The President shall refer the application to the Court. 3. If the court allows the intervention, the intervener shall receive a copy of every document served on the parties. The court may, however, on application by one of the parties, omit secret or confidential documents.4. The intervener must accept the case as he finds it at the time of his intervention. 5. The President shall prescribe a period within which the intervener may submit a statement in intervention. The statement in intervention shall contain: (a) a statement of the form of order sought by the intervener in support of or opposing, in whole or in part, the form of order sought by one of the parties; (b) the pleas in law and arguments relied on by the intervener; (c) Where appropriate, the nature of any evidence offered. 6. After the statement in intervention has been lodged, the President shall, where Necessary, prescribe a time limit within which the parties may reply to that statement. 7. Consideration may be given to an application to intervene, which is made after the expiry of the period prescribed in paragraph 1 but before the decision to open the oral procedure provided for in Article 40(1). In that event, if the President allows the intervention, the intervener may, on the basis of the Report for the Hearing communicated to him, submit his observations during the oral procedure, if that
ECW/CCJ/APP/30/11 Deyda Hydara Jr. & Ors v. Gambia
Cour de justice de la CEDEAO ECW/CCJ/JUD/05/09 National Co-ordinating Group of Departmental Representatives of the Cocoa-Coffee Sector (CNDD) v Côte d'Ivoire
Cour de justice de la CEDEAO ECW/CCJ/JUD/16/14 SERAP & 10 Autres c. Nigeria & 4 Autres
Cour de justice de la CEDEAO Communication 155/96 - Social and Economic Rights Action Center (SERAC) et Center for Economic and Social Rights (CESR) c. Nigeria
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
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.
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
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.
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
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.
ECW/CCJ/JUD/08/17 Dorothy Chioma Njemanze & 3 Others v Nigeria
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
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.
ECW/CCJ/JUG/09/12 Valentine Ayika v. Liberia
10. Defendantcontendedthat the factthat the plaintiffdidnot'testifyhimselfor callwitnesses totestifyonhisbehalf amounts to a waiver ofhisclaim asthere is no substantiatingevidence upon which judgmentcanbegrantedin hisfavour. Defendanturged the Court to dismiss the plaintiff'sclaim asitisunverified and unsubstantiated.With respect, this positioncanvassed bythe defendantisnot tenable atlaw. Aplaintiffcanprove hiscaseeitherbyrelying ondocumentsorbyprovidingoralevidence orhecould useacombinationofboth. Aparty isfree to,,provehiscasebyany meanshedeemsappropriate
Cour de justice de la CEDEAO ECW/CCJ/JUD/18/12 SERAP v Nigeria
Cour de justice de la CEDEAO 232/99 John D. Ouko v Kenya
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)
2. 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.
Ati Antoine Randolph v. Togo Communication No. 910/2000
ECW/CCJ/JUD/16/14 SERAP & 10 Autres c. Nigeria & 4 Autres
Cour de justice de la CEDEAO Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 50The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.
ECW/CCJ/JUD/10/12 - Sikiru Alade c. Nigeria
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
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/07/11 Ocean King NIG LTD v. Senegal
Cour de justice de la CEDEAO ECW/CCJ/JUD/08/10 Musa Saidykhan v The Gambia
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
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 50The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.
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;
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.
Universal Declaration of Human Rights (UDHR)
Pacte International relatif aux Droits Civils et Politiques
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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
ECW/CCJ/JUD/06/08 Hadijatou Mani Koraou v. Republic of Niger
60. As regards the Applicant's first plea-in-law, the Court finds that it does not have the mandate toexamine the laws of Member States of the Community in abstracto, but rather, to ensure the protection ofthe rights of individuals whenever such individuals are victims of the violation of those rights which arerecognised as theirs, and the Court does so by examining concrete cases brought before it.The Court indicates that other mechanisms are employed in the consideration of cases, such as the7 checking of the situation in each country, the submission of periodic reports as provided for by certaininternational instruments, including Article 62 of the African Charter on Human and Peoples' Rights, whichprovides: "Each state party shall undertake to submit every two years, from the date the present Chartercomes into force, a report on the legislative or other measures taken with a view to giving effect to therights and freedoms recognised and guaranteed by the present Charter"
Cour de justice de la CEDEAO Pacte International relatif aux Droits Civils et Politiques
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.
Pacte International relatif aux Droits Civils et Politiques
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.
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.
Pacte International relatif aux Droits Civils et Politiques
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.
Pacte International relatif aux Droits Civils et Politiques
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
2.Every individual shall have the right to express and disseminate his opinions within the law.
Human Rights Committee - General Comments No.34
Pacte International relatif aux Droits Civils et Politiques
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.
CASE OF LINGENS v. AUSTRIA (Application No. 9815/82)
CASE OF CASTELLS v. SPAIN (Application No. 11798/85)
Case of Kimel v Argentina
Inter-American Court/Commission Documents 04/13 Konate v Burkina Faso (Judgement)
Décision de la Cour africaine CASE OF ALTUG TANER AKCAM v. TURKEY (Application No. 27520/07)
CASE OF OTEGI MONDRAGON v. SPAIN (Application No. 2034/07)
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Pacte International relatif aux Droits Civils et Politiques
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 91.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.
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.
Pacte International relatif aux Droits Civils et Politiques
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.
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.
CASE OF A. AND OTHERS v. THE UNITED KINGDOM (Application No. 3455/05)
CASE OF MEDVEDYEV AND OTHERS v. FRANCE (Application No. 3394/03)
Universal Declaration of Human Rights (UDHR)
Article 3 Everyone has the right to life, liberty and security of person.
Universal Declaration of Human Rights (UDHR)
Article 9 No one shall be subjected to arbitrary arrest, detention or exile.
Pacte International relatif aux Droits Civils et Politiques
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.
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)
Pacte International relatif aux Droits Civils et Politiques
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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 225/98 Huri - Laws v Nigeria
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(d) the right to be tried within a reasonable time by an impartial court or tribunal.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Case of Castillo-Paez v Peru
56. In accordance with the above, the Court finds that Peru violated, to the detriment of Mr. Castillo-Páez, several paragraphs of Article 7 of the Convention, which governs personal liberty in a general manner. Firstly, it is proven that the victim was detained by members of the National Police of Peru without application of the causes and conditions set forth in the Political Constitution of July 12, 1979, in force at the time at which the detention took place, inasmuch as that fundamental law provided that no one may be arrested except by written order issued by a judicial authority, which did not occur in this Case. It has not been proven, nor has the State so claimed, that Mr. Castillo-Páez's detention took place when he was surprised in flagrante delicto in the commission of a crime or that there was a state of emergency in force at the time, circumstances which would have justified the victim's detention by police officers without any judicial intervention. The foregoing has its basis in Article 7, paragraphs 2 and 3, of the American Convention, and Article 2, paragraph 20 (g), of the Political Constitution. 57. Nor does it appear from the acts of the proceedings that the detainee had been brought before a competent court within 24 hours or otherwise if distance was a factor, nor within fifteen days on suspicion of terrorism, pursuant to Article 7, paragraph 5, of the Convention, and Article 2, paragraph 20(c), of the Constitution of Peru. 58. On the contrary, with the statements by Judge Elba Minaya-Calle during the public hearing (supra, para. 30.d.), it has been demonstrated that the police authorities denied the arrest and hid the detainee so that he could not be located by the aforementioned magistrate, since they furnished her with altered logs of entry of detainees. Mr. Castillo-Páez' name did not appear in those logs, although those of other persons detained in the same operation did appear, and they had been placed at the disposal of the investigating authorities (DINCOTE). Ms. Minaya-Calle's testimony was confirmed by Mr. Cronwell Pierre Castillo-Castillo, father of the victim, who also conducted a fruitless search for his son in the police establishments.
Inter-American Court/Commission Documents Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Pacte International relatif aux Droits Civils et Politiques
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Loayza-Tamayo v Peru
57. The violation of the right to physical and psychological integrity of persons is a category of violation that has several gradations and embraces treatment ranging from torture to other types of humiliation or cruel, inhuman or degrading treatment with varying degrees of physical and psychological effects caused by endogenous and exogenous factors which must be proven in each specific situation. The European Court of Human Rights has declared that, even in the absence of physical injuries, psychological and moral suffering, accompanied by psychic disturbance during questioning, may be deemed inhuman treatment. The degrading aspect is characterized by the fear, anxiety and inferiority induced for the purpose of humiliating and degrading the victim and breaking his physical and moral 26resistance (cf. Eur. Cour H.R., Case of Ireland v. the United Kingdom, judgment of 18 January 1978, Series A no. 25,para. 167). That situation is exacerbated by the vulnerability of a person who is unlawfully detained (cf. Eur. Court HR, Ribitsch v. Austria judgment of 4 December 1995, Series A no. 336, para. 36). Any use of force that is not strictly necessary to ensure proper behavior on the part of the detainee constitutes an assault on the dignity of the person (cf. Ibid., para. 38), in violation of Article 5 of the American Convention. The exigencies of the investigation and the undeniable difficulties encountered in the anti-terrorist struggle must not be allowed to restrict the protection of a person's right to physical integrity.
Inter-American Court/Commission Documents ECW/CCJ/JUD/08/10 Musa Saidykhan v The Gambia
41. The evidence of the plaintiff on the wounds was direct and credible enough for this court to accept it. Itis more probable than not that a person who has been detained and beaten for 22 days would suffer someform of physical harm. The court therefore finds as a fact that the plaintiff suffered physical injuries as hetestified to. The court also finds as a fact that he underwent medical treatment in Dakar
Cour de justice de la CEDEAO CASE OF ELCI AND OTHERS v. TURKEY (Application No. 23145/93 and 25091/94)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Article 3 1. No State Party shall expel, return ("refouler") or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture. 2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the State concerned of a consistent pattern of gross, flagrant or mass violations of human rights
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.
Pacte International relatif aux Droits Civils et Politiques
Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Pacte International relatif aux Droits Civils et Politiques
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
2. 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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 91.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.
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.
Pacte International relatif aux Droits Civils et Politiques
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.
Pacte International relatif aux Droits Civils et Politiques
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.
Pacte International relatif aux Droits Civils et Politiques
4. No one shall be arbitrarily deprived of the right to enter his own country.
ECOWAS Revised treaty
c)toensurerespectfor the rights ofjournalists
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.
Pacte International relatif aux Droits Civils et Politiques
Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
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
Pacte International relatif aux Droits Civils et Politiques