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94. And the following append their signatures: - Hon. Justice Awa Nana Daboya - Hon. Justice Hansine Donli Member Hon. Justice Clotilde Medegan Nougbode Member Assisted by Maitre Athanase Atannon ' 25 Registrar I '

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PROCEDltRE2
The facts, as narrated by the Republic of Togo5
21. The Applicants requested the Court to:6
22. Alternatively, they requested the Court to:6
Orders and requests sought by the Republic of Togo8
A- Arbitrary arrest and detention10
88. The Applicants substantially ask the Court to order that:20

JUD ECW CCJ JUD 08 13 Assima Kokou Innocent v. Rep of TOGO 28 11 13 vA

Tribunal da CEDEAO

Preview

ECCJ App no.: ECW/CCJ/APP/20/11/24/11

ECCJ Jud No.: ECW/CCJ/JUD/08/13

Tipo de Documento

Acórdão

Palavras-Chave

Coação
Direito à Saúde
Direito à Vida
Direito ao Julgamento Justo
Direito de Ser Ouvido
Instalações / Condições de Detenção
Prisão e Detenção Arbitrárias
Segurança Interna do Estado
Tortura e Mal Tratamento
Tratamento Cruel e Degradante

Estado

Togo

Resultado: Decidiu sobre os Méritos

Data da Decisão: 3 de jul. de 2013

African Charter Rights Alleged to be Violated

CADHP 16.2: Protecção da saúde
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
CADHP 7.1.d: Direito de ser Tulgado em um Tempo Razoável por um Tribunal Imparcial

African Charter Rights Violated

CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária
CADHP 7.1.d: Direito de ser Tulgado em um Tempo Razoável por um Tribunal Imparcial

African Charter Rights Not Violated

CADHP 4: Direito à Vida e à Integridade
CADHP 5: Punição Cruel Desumana e Desproporcional

Duração do Procedimento: 22 de jul. de 2011 ~ 3 de jul. de 2013

Country Geolocation

Latitude: 8.619543

Longitude: 0.824782

Country Geolocation (linked Tribunal da CEDEAO): Togo

Primary Documents

JUD-ECW-CCJ-JUD-08-13-Assima Kokou Innocent v. Rep of TOGO-28_11_13-vA.pdf
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Banjul charter

2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Tratado

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

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

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

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 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

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

ICCPR

c) To be tried without undue delay;

Documento das Nações Unidas

Banjul charter

Tratado

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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.

Documento das Nações Unidas

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.

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

ICCPR

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.

Documento das Nações Unidas

Bodyprinciples

Principle 38 A person detained on a criminal charge shall be entitled to trial within a reasonable time or to release pending trial.

Documento das Nações Unidas

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

2. Universal Declaration of Human Rights

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Documento das Nações Unidas

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

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Tratado

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Tratado

ICCPR

Documento das Nações Unidas

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

Bodyprinciples

Principle 38 A person detained on a criminal charge shall be entitled to trial within a reasonable time or to release pending trial.

Documento das Nações Unidas

Cat

Article 13 Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Article 14 1. Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependants shall be entitled to compensation. 2. Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

ICCPR

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Documento das Nações Unidas

Bodyprinciples

Principle 35 71. Damage incurred because of acts or omissions by a public official contrary to the rights contained in these principles shall be compensated according to the applicable rules or liability provided by domestic law. 2. Information required to be recorded under these principles shall be available in accordance with procedures provided by domestic law for use in claiming compensation under the present principle.

Documento das Nações Unidas

Cat

Article 12 Each State Party shall ensure that its competent authoritiesproceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

ICCPR

5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation.

Documento das Nações Unidas

Bodyprinciples

Documento das Nações Unidas

Banjul charter

Tratado

ICCPR

Documento das Nações Unidas

Supplementary protocol

) 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;

Tratado

Banjul charter

Tratado

ICCPR

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

Banjul charter

Tratado

2. Universal Declaration of Human Rights

Article 9 No one shall be subjected to arbitrary arrest, detention or exile.

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

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

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

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.

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

Bodyprinciples

Principle 1 All persons under any form of detention or imprisonment shall be treated in a humane manner and with respect for the inherent dignity of the human person.

Documento das Nações Unidas

BASICP 2

Documento das Nações Unidas

Bodyprinciples

Principle 6 No person under any form of detention or imprisonment shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. 1 No circumstance whatever may be invoked as a justification for torture or other cruel, inhuman or degrading treatment or punishment.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Rules of procedure

Article 331. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Rules of Procedure

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

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.

Documento das Nações Unidas

ECW CCJ JUD 09 19

ASSIMA KOKOU INNOCENT & ORS v. REPUBLIC OF TOGO (2013) CCJELR 187pg. 201 & 202 para 59,

Tribunal da CEDEAO

ECW CCJ JUD 23 18

ASSIMA KOKOU INNOCENT & ORS V. REPUBLIC OF TOGO JUD. NO: EWC/CCJ/APP/08/11 (2013), Para 59

Tribunal da CEDEAO

Cat

Documento das Nações Unidas

Cat

Article 15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

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

2. Universal Declaration of Human Rights

Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Documento das Nações Unidas

ICCPR

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.

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Treatmentprisoners

1. The following rules are not intended to describe in detail a model system of penal institutions. They seek only, on the basis of the general consensus of contemporary thought and the essential elements of the most adequate systems of today, to set out what is generally accepted as being good principle and practice in the treatment of prisoners and the management of institutions. 2. In view of the great variety of legal, social, economic and geographical conditions of the world, it is evident that not all of the rules are capable of application in all places and at all times. They should, however, serve to stimulate a constant endeavour to overcome practical difficulties in the way of their application, in the knowledge that they represent, as a whole, the minimum conditions which are accepted as suitable by the United Nations.

Documento das Nações Unidas

Banjul charter

2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Tratado

Banjul charter

Tratado

Banjul charter

rticle 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health.

Tratado

Banjul charter

Tratado

Banjul charter

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Tratado

Banjul charter

Tratado

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Tratado

ICCPR

Documento das Nações Unidas

ICCPR

c) To be tried without undue delay;

Documento das Nações Unidas

Bodyprinciples

Principle 16 1. Promptly after arrest and after each transfer from one place of detention or imprisonment to another, a detained or imprisoned person shall be entitled to notify or to require the competent authority to notify members of his family or other appropriate persons of his choice of his arrest, detention or imprisonment or of the transfer and of the place where he is kept in custody. 2. If a detained or imprisoned person is a foreigner, he shall also be promptly informed of his right to communicate by appropriate means with a consular post or the diplomatic mission of the State of which he is a national or which is otherwise entitled to receive such communication in accordance with international law or with the representative of the competent international organization, if he is a refugee or is otherwise under the protection of an intergovernmental organization. 3. If a detained or imprisoned person is a juvenile or is incapable of understanding his entitlement, the competent authority shall on its own initiative undertake the notification referred to in the present principle. Special attention shall be given to notifying parents or guardians. 4. Any notification referred to in the present principle shall be made or permitted to be made without delay. The competent authority may however delay a notification for a reasonable period where exceptional needs of the investigation so require.

Documento das Nações Unidas

Bodyprinciples

Principle 38 A person detained on a criminal charge shall be entitled to trial within a reasonable time or to release pending trial.

Documento das Nações Unidas

AFFAIRE DEBBOUB alias HUSSEINI Ali c. FRANCE

EU document

ICCPR

Documento das Nações Unidas

ICCPR

c) To be tried without undue delay;

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Tratado

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Tratado

ICCPR

Documento das Nações Unidas

ICCPR

c) To be tried without undue delay;

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Cat

Documento das Nações Unidas

Rules of procedure

2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings.

Rules of Procedure

Apenas tratados e lei leve103
- Tratado32
- Documento das Nações Unidas69
- Rules of Procedure2
Casos / decisões internacionais1
- EU document1
No Label4
- Tribunal da CEDEAO4
Geolocation1
- Countries geolocation1

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