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Et ont signé Hon. Juge Jérôme TRAORE Hon. Juge Yaya BOIRO Hon. Juge Alioune SALL Assistés de Me Abubacar Djibo DIAKITE Greffier 12

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Les parties et leur représentation2
Présentation des faits et de la procédure2
Moyens et arguments des parties3
Analyse de la Cour5
En la forme5
Sur le fond5
A)Sur les actes de torture7
B)Sur la détention arbitraire8
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PAR CES MOTIFS11
En la forme11
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ECW CCJ JUD 02 16

Tribunal da CEDEAO

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ECCJ App no.: ECW/CCJ/APP/01/14

ECCJ Jud No.: ECW/CCJ/JUD/02/16

Tipo de Documento

Acórdão

Palavras-Chave

Direitos dos Trabalhadores
Liberdade da Pessoa
Ofensas Militares
Prisão e Detenção Arbitrárias
Roubo
Tortura e Mal Tratamento
Tratamento Cruel e Degradante

Estado

Níger

Resultado: Decidiu sobre os Méritos

Data da Decisão: 16 de fev. de 2016

African Charter Rights Alleged to be Violated

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

African Charter Rights Violated

CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária

Duração do Procedimento: 8 de fev. de 2015 ~ 16 de fev. de 2016

Country Geolocation

Latitude: 17.607789

Longitude: 8.081666

Country Geolocation (linked Tribunal da CEDEAO): Niger

Primary Documents

ECW_CCJ_JUD_02_16 Konso Kokou Parounam c. République du Togo.pdf
French
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Rules of procedure

Article 591. On application by the applicant or the defendant, the President may exceptionally decide, on the basis of the facts before him and after hearing the other party, that a case is to be determined pursuant to an expedited procedure derogating from the provisions of these Rules, where the particular urgency of the case requires the Court shall give its ruling with the minimum of delay. 2. An application for a case to be decided under an expedited procedure shall be made by a separate document lodged at the same time as the application initiating the proceedings or the defense, as the case may be. 3. Under the expedited procedure, the originating application and the defense may be supplemented by a reply and a rejoinder only if the President considers this to be necessary. 4. An intervener may lodge a statement in intervention only if the President considers this to be necessary. 5. Once the defense has been lodged or, if the decision to adjudicate under an Expedited procedure is not made until after that pleading has been lodged, once that decision has been taken, the President shall fix a date for the hearing, which shall be communicated forthwith to the parties. 6. He may postpone the date of the hearing where the organization of measures of inquiry or of other preparatory measures so requires. 7. Without prejudice to rules, the parties may supplement their arguments and offer further evidence in the course of the oral procedure. They must, however, give reasons for the delay in offering such further evidence. 8. The Court shall give its ruling after hearing the parties.

Rules of Procedure

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

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

ICCPR

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.

Documento das Nações Unidas

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

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

ICCPR

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.

Documento das Nações Unidas

ICCPR

Article 10 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status

Documento das Nações Unidas

Banjul charter

Tratado

ICCPR

Documento das Nações Unidas

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

Apenas tratados e lei leve13
- Rules of Procedure2
- Tratado7
- Documento das Nações Unidas4
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- Tribunal da CEDEAO1
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