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This decision is made, adjudged and pronounced publicly by this Court of Justice, ECOWAS, on the day, month and year stated above. 1. Hon. Justice Hansine N. Donli - Presiding 2. Hon. Justice Awa Daboya Nana - Member 3. Hon. Justice EI Mansour Tall - Member Assisted by Tony Anene Maidoh - Chief Registrar 15

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The Facts of the Case2
Legal Arguments by the Parties and Considerations by the Court4
Concerning the Defendants7
Consideration of the Arguments by the Court9
Whether the Case is Statute Barred?10
Was There Unlawful Detention of the Applicants?10
Are the Above Mentioned Provisions Applicable to this Case?11
Are Criminal Proceedings Instituted Against the Applicants by the Defendants From the 1st of December 2003 to the 2nd of March 2004 Unlawful and do They Amount to the Violation of Their Human Rights?11
Does the Refusal of the Defendants to Compensate the Applicants for the Dispossession and Destruction of Arrested Vessel Constitute a Human Rights Violation in the Sense of Article 21(2) of the African Charter on Human and Peoples' Rights?11
Does the Parading of the Applicants Before the World Press as Vandals and Thieves of Nigerian Crude oil Constitute a Violation of Their Rights With Regard to Their Dignity of Persons as Entrenched in Article 5 of the African Charter on Human and Peoples' Rights?12
Are the Applicants Entitled to the Reparation of Damages and Interests Flowing From the Relative Effect of Their Contract?12
On Damages and Interests due to the Applicants in Respect of Their Human Rights Violation12
Decision13

ECW/CCJ/JUD/01/09 Djot Bayi & 14 Outros v. Nigéria & 4 Outros

Tribunal da CEDEAO

Preview

ECCJ Jud No.: ECW/CCJ/JUD/01/09

Tipo de Documento

Acórdão

Palavras-Chave

Direito à Propriedade
Direito ao Julgamento Justo
Direito ao Trabalho
Liberdade da Pessoa
Prisão e Detenção Arbitrárias
Tratamento Cruel e Degradante

Estado

Agente do Estado
Nigéria

Resultado: Decidiu sobre os Méritos

Data da Decisão: 28 de jan. de 2009

African Charter Rights Alleged to be Violated

CADHP 21.2: Direito à recuperação legal de propriedades por pessoas desapropriadas
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

African Charter Rights Not Violated

CADHP 5: Punição Cruel Desumana e Desproporcional

Duração do Procedimento: 30 de nov. de 2006 ~ 28 de jan. de 2009

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Tribunal da CEDEAO): Nigeria

Primary Documents

12. ECW_CCJ_JUD_01_09 Djot Bayi & 14 Others v. Nigeria & 4 Others - PT.pdf
Portuguese
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ECW_CCJ_JUD_01_09 Djot Bayi & 14 Others v. Nigeria & 4 Others.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 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.

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Banjul charter

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.

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Banjul charter

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Banjul charter

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Banjul charter

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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.

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Banjul charter

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Banjul charter

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Supplementary protocol

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.

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Banjul charter

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1. UN Charter 2

Documento das Nações Unidas

Unclos e

Article 98Duty to render assistance1.Every State shall require the master of a ship flying its flag, in so faras he can do so without serious danger to the ship, the crew or the passengers:(a) to render assistance to any person found at sea in danger ofbeing lost;(b) to proceed with all possible speed to the rescue of persons indistress, if informed of their need of assistance, in so far as suchaction may reasonably be expected of him;(c) after a collision, to render assistance to the other ship, its crewand its passengers and, where possible, to inform the other shipof the name of his own ship, its port of registry and the nearestport at which it will call.2.Every coastal State shall promote the establishment, operation andmaintenance of an adequate and effective search and rescue service regardingsafety on and over the sea and, where circumstances so require, by way ofmutual regional arrangements cooperate with neighbouring States for thispurpose.

Tratado

Unclos e

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Article 73Enforcement of laws and regulations of the coastal State1.The coastal State may, in the exercise of its sovereign rights toexplore, exploit, conserve and manage the living resources in the exclusiveeconomic zone, take such measures, including boarding, inspection, arrestand judicial proceedings, as may be necessary to ensure compliance with thelaws and regulations adopted by it in conformity with this Convention.2.Arrested vessels and their crews shall be promptly released upon theposting of reasonable bond or other security.3.Coastal State penalties for violations of fisheries laws andregulations in the exclusive economic zone may not include imprisonment, inthe absence of agreements to the contrary by the States concerned, or anyother form of corporal punishment.4.In cases of arrest or detention of foreign vessels the coastal Stateshall promptly notify the flag State, through appropriate channels, of theaction taken and of any penalties subsequently imposed.

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Article 99Prohibition of the transport of slavesEvery State shall take effective measures to prevent and punish thetransport of slaves in ships authorized to fly its flag and to prevent theunlawful use of its flag for that purpose. Any slave taking refuge on boardany ship, whatever its flag, shall ipso facto be free.

Tratado

Unclos e

Article 105Seizure of a pirate ship or aircraftOn the high seas, or in any other place outside the jurisdiction of anyState, every State may seize a pirate ship or aircraft, or a ship or aircraft takenby piracy and under the control of pirates, and arrest the persons and seize theproperty on board. The courts of the State which carried out the seizure maydecide upon the penalties to be imposed, and may also determine the actionto be taken with regard to the ships, aircraft or property, subject to the rightsof third parties acting in good faith.

Tratado

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Article 108Illicit traffic in narcotic drugs or psychotropic substances1.All States shall cooperate in the suppression of illicit traffic innarcotic drugs and psychotropic substances engaged in by ships on the highseas contrary to international conventions.2.Any State which has reasonable grounds for believing that a shipflying its flag is engaged in illicit traffic in narcotic drugs or psychotropicsubstances may request the cooperation of other States to suppress suchtraffic.

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Article 109Unauthorized broadcasting from the high seas1.All States shall cooperate in the suppression of unauthorizedbroadcasting from the high seas.2.For the purposes of this Convention, "unauthorized broadcasting"means the transmission of sound radio or television broadcasts from a ship orinstallation on the high seas intended for reception by the general publiccontrary to international regulations, but excluding the transmission ofdistress calls.3.Any person engaged in unauthorized broadcasting may beprosecuted before the court of:(a) the flag State of the ship;(b) the State of registry of the installation;(c) the State of which the person is a national;(d) any State where the transmissions can be received; or(e) any State where authorized radio communication is sufferinginterference.4.On the high seas, a State having jurisdiction in accordance withparagraph 3 may, in conformity with article 110, arrest any person or shipengaged in unauthorized broadcasting and seize the broadcasting apparatus.

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Unclos e

Article 111Right of hot pursuit1.The hot pursuit of a foreign ship may be undertaken when thecompetent authorities of the coastal State have good reason to believe that theship has violated the laws and regulations of that State. Such pursuit must becommenced when the foreign ship or one of its boats is within the internalwaters, the archipelagic waters, the territorial sea or the contiguous zone ofthe pursuing State, and may only be continued outside the territorial sea or thecontiguous zone if the pursuit has not been interrupted. It is not necessarythat, at the time when the foreign ship within the territorial sea or thecontiguous zone receives the order to stop, the ship giving the order shouldlikewise be within the territorial sea or the contiguous zone. If the foreignship is within a contiguous zone, as defined in article 33, the pursuit may onlybe undertaken if there has been a violation of the rights for the protection ofwhich the zone was established.2.The right of hot pursuit shall apply mutatis mutandis to violations inthe exclusive economic zone or on the continental shelf, including safetyzones around continental shelf installations, of the laws and regulations of thecoastal State applicable in accordance with this Convention to the exclusiveeconomic zone or the continental shelf, including such safety zones.3.The right of hot pursuit ceases as soon as the ship pursued enters theterritorial sea of its own State or of a third State.4.Hot pursuit is not deemed to have begun unless the pursuing ship hassatisfied itself by such practicable means as may be available that the shippursued or one of its boats or other craft working as a team and using the ship 64pursued as a mother ship is within the limits of the territorial sea, or, as thecase may be, within the contiguous zone or the exclusive economic zone orabove the continental shelf. The pursuit may only be commenced after avisual or auditory signal to stop has been given at a distance which enablesit to be seen or heard by the foreign ship.5.The right of hot pursuit may be exercised only by warships ormilitary aircraft, or other ships or aircraft clearly marked and identifiable asbeing on government service and authorized to that effect.6.Where hot pursuit is effected by an aircraft:(a) the provisions of paragraphs 1 to 4 shall applymutatis mutandis;(b) the aircraft giving the order to stop must itself actively pursuethe ship until a ship or another aircraft of the coastal State,summoned by the aircraft, arrives to take over the pursuit,unless the aircraft is itself able to arrest the ship. It does notsuffice to justify an arrest outside the territorial sea that the shipwas merely sighted by the aircraft as an offender or suspectedoffender, if it was not both ordered to stop and pursued by theaircraft itself or other aircraft or ships which continue thepursuit without interruption.7.The release of a ship arrested within the jurisdiction of a State andescorted to a port of that State for the purposes of an inquiry before thecompetent authorities may not be claimed solely on the ground that the ship,in the course of its voyage, was escorted across a portion of the exclusiveeconomic zone or the high seas, if the circumstances rendered this necessary.8.Where a ship has been stopped or arrested outside the territorial seain circumstances which do not justify the exercise of the right of hot pursuit,it shall be compensated for any loss or damage that may have been therebysustained.

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Unclos e

Article 58Rights and duties of other States in the exclusive economic zone1.In the exclusive economic zone, all States, whether coastal orland-locked, enjoy, subject to the relevant provisions of this Convention, thefreedoms referred to in article 87 of navigation and overflight and of thelaying of submarine cables and pipelines, and other internationally lawfuluses of the sea related to these freedoms, such as those associated with theoperation of ships, aircraft and submarine cables and pipelines, andcompatible with the other provisions of this Convention.2.Articles 88 to 115 and other pertinent rules of international lawapply to the exclusive economic zone in so far as they are not incompatiblewith this Part.3.In exercising their rights and performing their duties under thisConvention in the exclusive economic zone, States shall have due regard tothe rights and duties of the coastal State and shall comply with the laws andregulations adopted by the coastal State in accordance with the provisions ofthis Convention and other rules of international law in so far as they are notincompatible with this Part.

Tratado

Unclos e

Article 56Rights, jurisdiction and duties of the coastal State in the exclusiveeconomic zone1.In the exclusive economic zone, the coastal State has:(a) sovereign rights for the purpose of exploring and exploiting,conserving and managing the natural resources, whether livingor non-living, of the waters superjacent to the seabed and of theseabed and its subsoil, and with regard to other activities for theeconomic exploitation and exploration of the zone, such as theproduction of energy from the water, currents and winds;(b) jurisdiction as provided for in the relevant provisions of thisConvention with regard to:(i) the establishment and use of artificial islands, installationsand structures; 44(ii) marine scientific research;(iii) the protection and preservation of the marineenvironment;(c) other rights and duties provided for in this Convention.2.In exercising its rights and performing its duties under thisConvention in the exclusive economic zone, the coastal State shall have dueregard to the rights and duties of other States and shall act in a mannercompatible with the provisions of this Convention.3.The rights set out in this article with respect to the seabed andsubsoil shall be exercised in accordance with Part VI.

Tratado

Unclos e

Article 110Right of visit1.Except where acts of interference derive from powers conferred bytreaty, a warship which encounters on the high seas a foreign ship, other thana ship entitled to complete immunity in accordance with articles 95 and 96,is not justified in boarding it unless there is reasonable ground for suspectingthat:(a) the ship is engaged in piracy;(b) the ship is engaged in the slave trade;(c) the ship is engaged in unauthorized broadcasting and the flagState of the warship has jurisdiction under article 109;(d) the ship is without nationality; or(e) though flying a foreign flag or refusing to show its flag, the shipis, in reality, of the same nationality as the warship.2.In the cases provided for in paragraph 1, the warship may proceedto verify the ship's right to fly its flag. To this end, it may send a boat underthe command of an officer to the suspected ship. If suspicion remains afterthe documents have been checked, it may proceed to a further examination onboard the ship, which must be carried out with all possible consideration.3.If the suspicions prove to be unfounded, and provided that the shipboarded has not committed any act justifying them, it shall be compensatedfor any loss or damage that may have been sustained.4.These provisions apply mutatis mutandis to military aircraft.5.These provisions also apply to any other duly authorized ships oraircraft clearly marked and identifiable as being on government service.Article 111

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Banjul charter

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Banjul charter

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Banjul charter

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Unclos e

Article 97Penal jurisdiction in matters of collision or any other incident ofnavigation1.In the event of a collision or any other incident of navigationconcerning a ship on the high seas, involving the penal or disciplinaryresponsibility of the master or of any other person in the service of the ship, 60no penal or disciplinary proceedings may be instituted against such personexcept before the judicial or administrative authorities either of the flag Stateor of the State of which such person is a national.2.In disciplinary matters, the State which has issued a master'scertificate or a certificate of competence or licence shall alone be competent,after due legal process, to pronounce the withdrawal of such certificates, evenif the holder is not a national of the State which issued them.3.No arrest or detention of the ship, even as a measure ofinvestigation, shall be ordered by any authorities other than those of the flagState.

Tratado

Supplementary protocol

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.

Tratado

Rules of the Court of Justice of the Economic Community of West African States.

3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account.

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Supplementary protocol

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;

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Supplementary protocol

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

Tratado

Supplementary protocol

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.

Tratado

Banjul charter

Tratado

Banjul charter

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Banjul charter

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Supplementary protocol

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.

Tratado

Supplementary protocol

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.

Tratado

Supplementary protocol

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.

Tratado

ECW CCJ ADD 02 16

paragraphe 30

Tribunal da CEDEAO

Supplementary protocol

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.

Tratado

Banjul charter

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Banjul charter

Tratado

2. Universal Declaration of Human Rights

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

Documento das Nações Unidas

2. Universal Declaration of Human Rights

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

2. Universal Declaration of Human Rights

Documento das Nações Unidas

Banjul charter

2. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.

Tratado

Banjul charter

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Banjul charter

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Banjul charter

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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.

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Banjul charter

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Supplementary protocol

Article 4:Insertion of a new Article 10 in the Protocol of the Community Court of Justice.The Protocol on the Community Court of Justice is amended the insertion of the following new Article as follows: “Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; 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; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”

Tratado

Supplementary protocol

Article 3:Article 9 of the Protocol on Community Court of Justice substituted. Article 9 of the Protocol relating to the Community Court of Justice is hereby deleted and substituted by the following new provisions: “Article 9: Jurisdiction of the Court. 1.The Court has competence to adjudicate on any dispute relating to the following: a) The interpretation and application of the Treaty, Conventions and Protocols of the Community; b) The interpretation and application of the regulations, directives, decisions and other subsidiary legal instruments adopted by ECOWAS; c) The legality of regulations, directives, decisions and other legal instruments adopted by ECOWAS d) The failure by Member States to honor their obligations under the Treaty, Conventions and Protocols, regulations, directives, or decisions of ECOWAS; e) The provisions of the Treaty, Conventions and Protocols, regulations, directives or decisions of ECOWAS Member States; f) The Community and its officials; and g) The action for damages against a Community institution or an official of the Community for any action or omission in the exercise of official functions. 2. The Court shall have the power to determine any non-contractual liability of the Community and may order the Community to pay damages or make reparation for official acts or omissions of any Community institution or Community officials in the performance of official duties or functions. 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. 4. The Court has jurisdiction to determine case of violation of human rights that occur in any Member State. 5. Pending the establishment of the Arbitration Tribunal provided for under Article 16 of the Treaty, the Court shall have the power to act as arbitrator for the purpose of Article 16 of the Treaty. 6. The Court shall have jurisdiction over any matter provided for in an agreement where the parties provide that the Court shall settle disputes arising from the agreement. 7. The Court shall have the powers conferred upon it by the provisions of this Protocol as well as any other powers that may be conferred by subsequent Protocols and Decisions of the Community. 8. The Authority of Heads of State and Government shall have the power to grant the Court the power to adjudicate on any specific dispute that it may refer to the Court

Tratado

Protocol

Article 19: Decisions of the Court1. The Court shall examine the dispute before it in accordance with the provisions of the Treaty and its Rules of Procedure. It shall also apply, as necessary, the body of laws as contained in Article 38 of the Statutes of the International Court of Justice.

Tratado

3. ICJ Statute

Article 381. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:a.international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;b.international custom, as evidence of a general practice accepted as law;c.the general principles of law recognized by civilized nations; d.subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

Documento das Nações Unidas

3. ICJ Statute

Article 59The decision of the Court has no binding force except between the parties and in respect of that particular case.

Documento das Nações Unidas

3. ICJ Statute

Documento das Nações Unidas

Supplementary protocol

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.

Tratado

Banjul charter

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Banjul charter

Tratado

Rules of procedure

Article 62The judgment shall be binding from the date of its delivery.

Rules of Procedure

Apenas tratados e lei leve87
- Tratado78
- Rules of Procedure1
- Documento das Nações Unidas8
No Label3
- Tribunal da CEDEAO3
Geolocation1
- Countries geolocation1

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