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22. AND THE FOLLOWING APPEND THEIR SIGNATURES: HON. JUSTICE BENFEITO MOSSO RAMOS PRESIDING HON. JUSTICE CLOTILDE MÉDÉGAN NOUGBODÉ MEMBER HON. JUSTICE ELIAM POTEY MEMBER ASSISTED BY: MR. ATHANASE ATANNON REGISTRAR 9

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Procedure2
Arguments of the Parties3
As Regards the Federal Republic of Nigeria3
As Regards the Applicant3
Analysis of the Court3
Decision8
Costs8

ALIYU TASHEKU V FEDERAL REPUBLIC OF NIGERIA

Tribunal da CEDEAO

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Tipo de Documento

Decisão judicial

Palavras-Chave

Direito à Vida
Liberdade da Pessoa
Liberdade de Movimento
res judicata
Tortura e Mal Tratamento
Tratamento Cruel e Degradante

Estado

Nigéria

Resultado: Declarado Inadmissível

Data da Decisão: 12 de jun. de 2012

African Charter Rights Alleged to be Violated

CADHP 12 : Direito à Liberdade de Movimento
CADHP 4: Direito à Vida e à Integridade
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária

Duração do Procedimento: 13 de jun. de 2011 ~ 12 de jun. de 2012

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Tribunal da CEDEAO): Nigeria

Primary Documents

ECW_CCJ_RUL_12_12 Aliyu Tasheku v Nigeria.pdf
English
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Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 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. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious group

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

rticle 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.

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Supplementary protocol

4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

SA ADATU UMAR V FEDERAL REPUBLIC OF NIGERIA

§ 13 of the Judgment in the Aliyu Tasheku v. Federal Republic of Nigeria,

Tribunal da CEDEAO

Banjul charter

Tratado

ProtocolA:SP1:12:01

h)The rights set out in the African Charter on Human and People’s Rights and other international instruments shall be guaranteed in each of the ECOWAS Member States; each individual or organisation shall be free to have recourse to the common or civil law courts, a court of special jurisdiction, or any other national institution established within the framework of an international instrument on Human Rights, to ensure the protection of his/her rights. Page7In the absence of a court of special jurisdiction, the present Supplementary Protocol shall be regarded as giving the necessary powers to common or civil law judicial bodies.

Tribunal da CEDEAO

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

SA ADATU UMAR V FEDERAL REPUBLIC OF NIGERIA

§ 19 and 20 of the Judgment in the Aliyu Tasheku v. Federal Republic of Nigeria,

Tribunal da CEDEAO

Rules of procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

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- Tratado39
- Rules of Procedure1
- Tribunal da CEDEAO1
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