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JUD ECW CCJ JUD 01 20 OUSAINOU DARBOE JUDGEMENT FINAL 20 January 2020 3

Tribunal da CEDEAO

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THE REPUBLIC OF THE GAMBIA2

JUD ECW CCJ JUD 01 20 OUSAINOU DARBOE JUDGEMENT FINAL 20 January 2020 3

Tribunal da CEDEAO

Preview

ECCJ App no.: ECW/CCJ/APP/27/1

ECCJ Jud No.: ECW/CCJ/JUD/01/20

Tipo de Documento

Acórdão

Palavras-Chave

Assassinatos Extrajudiciais
Brutalidade e ofensas policiais
Democracia
Direito à Dignidade
Direito à Vida
Direito ao Julgamento Justo
Direitos Civis e Políticos
Direitos das Mulheres
Eleições / Referendo
Homicídio/Assassinato
Instalações / Condições de Detenção
isposições Legais Inadequadas
Liberdade da Pessoa
Liberdade de Associação
Liberdade de Expressão / Direitos Digitais
Liberdade de Reunião
Morte em custódia
Participação no Governo
Prisão e Detenção Arbitrárias
Tortura e Mal Tratamento
Tratamento Cruel e Degradante
Uso de força

Estado

Gâmbia

Resultado: Decidiu sobre os Méritos

Data da Decisão: 20 de jan. de 2020

African Charter Rights Alleged to be Violated

CADHP 10 :Direito à Liberdade de Associação
CADHP 11 : Direito à Liberdade de Reunião
CADHP 13 : Direito à Participação na Vida Pública
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
CADHP 7 : Direito ao Julgamento Justo

African Charter Rights Violated

CADHP 5: Punição Cruel Desumana e Desproporcional

African Charter Rights Not Violated

CADHP 11 : Direito à Liberdade de Reunião
CADHP 7 : Direito ao Julgamento Justo

Duração do Procedimento: ~ 20 de jan. de 2020

Country Geolocation

Latitude: 13.443182

Longitude: -15.310139

Country Geolocation (linked Tribunal da CEDEAO): Gambia

Primary Documents

JUD-ECW-CCJ-JUD-01-20-OUSAINOU-DARBOE-JUDGEMENT-FINAL-20-January-2020-3.pdf
English
ML TOC
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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. 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. 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. 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.

Tratado

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Tratado

Banjul charter

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Tratado

Achpr instr proto women eng

Tratado

Achpr instr proto women eng

Article 4The Rights to Life, Integrity and Security of the Person1.Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Tratado

Achpr instr proto women eng

Tratado

Achpr instr proto women eng

Tratado

Achpr instr proto women eng

Article 25RemediesStates Parties shall undertake to:a)providefor appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated;

Tratado

Achpr instr proto women eng

Article 25RemediesStates Parties shall undertake to:a)providefor appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated;

Tratado

Protocol on Democracy and Good Governance

) Political parties shall be formed and shall have the right to carry out their activities freely, within the limitsof the law. Their formation and activities shall not be based on ethnic, religious, regional or racialconsiderations. They shall participate freely and without hindrance or discrimination in any electoralprocess. The freedom of the opposition shall be guaranteed. Each Member State may adopt a system forfinancing political parties, in accordance with criteria set under the law.

Tratado

Banjul charter

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.

Tratado

Banjul charter

Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

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. 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.

Tratado

Achpr instr proto women eng

Tratado

Achpr instr proto women eng

Article 25RemediesStates Parties shall undertake to:a)providefor appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated;

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 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.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Protocol on Democracy and Good Governance

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

ECW/CCJ/JUD/03/07 Moussa Léo Kéïta v. Mali

Tribunal da CEDEAO

JUD ECW CCJ JUD 16 14 SERAP v. Fed Rep of NIGERIA & 4Ors 10 06 14 vA

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

Tratado

Banjul charter

Tratado

Achpr instr proto women eng

Tratado

Protocol on Democracy and Good Governance

j) The freedom of association and the right to meet and organise peaceful demonstrations shall also beguaranteed.

Tratado

JUD ECW CCJ JUD 13 19 KARIM MEISSA WADE v SENEGAL

Tribunal da CEDEAO

ECW CCJ JUD 24 19

Tribunal da CEDEAO

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Achpr instr proto women eng

Article 3Right to Dignity1.Every woman shall have the right to dignity inherent in a human being and to the recognition and protection of her human and legal rights.2.Every woman shall have the right to respect as a person and to the free development of her personality.3.States Parties shall adopt and implement appropriate measures to prohibit any exploitation or degradation of women.4.States Parties shall adopt and implement appropriatemeasures to ensure the protection of every woman’s right to respect for her 6dignity and protection of women from all forms of violence, particularly sexual and verbal violence. Article 4The Rights to Life, Integrity and Security of the Person1.Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of exploitation, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Tratado

Achpr instr proto women eng

Article 25RemediesStates Parties shall undertake to:a)providefor appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated;

Tratado

Protocol on Democracy and Good Governance

j) The freedom of association and the right to meet and organise peaceful demonstrations shall also beguaranteed

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

ECW CCJ JUD 05 12 BARTHELEMY DIAS v REPUBLIQUE DU SENEGAL

Tribunal da CEDEAO

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

Tribunal da CEDEAO

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

ECW CCJ JUD 20 18

Tribunal da CEDEAO

Banjul charter

Tratado

ECW CCJ JUD 04 18 FAJ and Others v The Gambia compressed

Tribunal da CEDEAO

Banjul charter

Tratado

European Convention on Human Rights

ARTICLE 3Prohibition of tortureNo one shall be subjected to torture or to inhuman or degrading treatment or punishment

Tratado

European Convention on Human Rights

ARTICLE 3Prohibition of tortureNo one shall be subjected to torture or to inhuman or degrading treatment or punishment

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

ICCPR

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt.

Documento das Nações Unidas

Banjul charter

Tratado

European Convention on Human Rights

ARTICLE 6Right to a fair trial1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.3. Everyone charged with a criminal offence has the following minimum rights: 1011(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;(b) to have adequate time and facilities for the preparation of his defence;(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Tratado

Banjul charter

Tratado

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country.

Documento das Nações Unidas

ICCPR

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.

Documento das Nações Unidas

ECW CCJ JUD 17 19

Tribunal da CEDEAO

Banjul charter

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

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

ECW CCJ JUD 04 18 FAJ and Others v The Gambia compressed

Tribunal da CEDEAO

Banjul charter

Tratado

European Convention on Human Rights

ARTICLE 11Freedom of assembly and association1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, 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. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Tratado

Banjul charter

Tratado

ECW CCJ JUD 07 11 OCEAN KING NIG LTD v REPUBLIC OF SENEGAL

Tribunal da CEDEAO

ECW/CCJ/JUD/03/07 Moussa Léo Kéïta v. Mali

Tribunal da CEDEAO

ECW/CCJ/JUD/03/05 Jerry Ugokwe c. Nigéria

Tribunal da CEDEAO

CENTER FOR DEMOCRACY AND DEVELOPMENT & ANOR v MAMADOU TANDJA & ANOR

Tribunal da CEDEAO

ECW/CCJ/JUD/08/10 Musa Saidykhan v. Gâmbia

Tribunal da CEDEAO

ECW CCJ JUD 04 20 THE REG. TRUSTEES OF JAMAA FOUNDATION 5 ORS v. NIGERIA

Tribunal da CEDEAO

Banjul charter

Tratado

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. 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

Apenas tratados e lei leve75
- Tratado72
- Documento das Nações Unidas3
Casos / decisões internacionais16
- Tribunal da CEDEAO16
Geolocation1
- Countries geolocation1

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