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1- Hon. Justice Friday Chijioke Nwoke – Presiding 2- Hon. Justice Hamèye Foune Mahalmadane – Member 3- Hon. Justice Alioune Sall – Member Assisted by Aboubakar Djibo Diakité Esq p. 26 - Registrar

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Delivers the following Judgment:2
1. SUMMARY OF THE FACTS AND PROCEDURE2
He further complained that the Defendant, whom he represents as Consul General, neither intervened, protested nor offered him diplomatic protection by invoking diplomatic immunity on his behalf and securing his release after conviction. He therefore claimed that such omission or negligence by the Defendant amounted to the violation of his human rights as provided for by the African Charter on Human and Peoples’ Rights and the Vienna Convention on Diplomatic Relations 1961. He therefore claimed for a Declaration that his rights have been violated by the Defendant and also claimed damages.2
human rights, and runs contrary to Vienna Convention on Consular Relations and the African Charter on Human and Peoples’ Rights. Applicant prays that the Defendant be ordered to ensure his release and repatriation back to Liberia. g. And that the sum of N10, 000, 000 (Ten million Nigerian Naira) or an equivalent of USD 60,000.00 (sixty thousand United States Dollars) as damages from the Defendant.6
4. ANALYSIS OF THE ISSUES FOR DETERMINATION AND LEGAL ARGUMENTS OF THE PARTIES.10
As earlier stated, the Plaintiff’s case is that he was appointed the Consul General of the Republic of Liberia (The Defendant) on the 15 th of December, 1999. He was accredited at Atlanta Georgia in the United States of America. He was issued with Diplomatic Passport No. D/P003828-04 08 (see attachment A and B of the Plaintiff’s claim).10
viii. That none of the action or inaction of the Defendant has violated the Plaintiff’s right. That Articles 2, 3,4,5,6 and 7 of the African Charter on Human and Peoples’ Rights relied upon by the Plaintiff does not support his case. The Defendant therefore urged the Court to dismiss the case of the Plaintiff.14
5. ANALYSIS OF THE CASE OF THE PARTIES.14
6. ISSUES FOR DETERMINATION.15
p. 1515
In this regard, the entire action of the Plaintiff is incompetent, must fail and is hereby dismissed.25
Adjudicating in a public session, after hearing both parties, in the first and last resort, THE COURT25
In regard to this Application holds that the Defendant has committed no human rights violation against the Plaintiff and that the Plaintiff’s claim is hereby dismissed. AS TO COSTS25

ECW CCJ JUD 05 16

Tribunal da CEDEAO

Preview

ECCJ App no.: ECW/CCJ/APP/12/14

ECCJ Jud No.: ECW/CCJ/JUD/05/16

Tipo de Documento

Acórdão

Palavras-Chave

Imunidade / Privilégios (Diplomático, Presidencial, Parlamentar, etc)
Infracções Sexuais

Estado

Libéria

Resultado: Caso Rejeitado

Data da Decisão: 18 de abr. de 2016

African Charter Rights Alleged to be Violated

CADHP 2: Liberdade da Discriminação
CADHP 3.2: Proteção igual da lei
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

Duração do Procedimento: 18 de jul. de 2014 ~ 18 de abr. de 2016

Country Geolocation

Latitude: 6.428055

Longitude: -9.429499000000002

Country Geolocation (linked Tribunal da CEDEAO): Liberia

Primary Documents

ECW_CCJ_JUD_05_16 Dr Malachi Z. York v. Liberia.pdf
English
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Banjul charter

Tratado

Vienna convention 1961

Documento das Nações Unidas

Vienna convention 1961

Documento das Nações Unidas

Banjul charter

Tratado

Trt ecowas

Tratado

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Banjul charter

Tratado

Vienna consular relations

Documento das Nações Unidas

Banjul charter

Tratado

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

2.Exceptinthecasespecifiedinparagraph1ofthisarticle,consularofficersshallnotbecommittedtoprisonorbeliabletoanyotherformofrestrictionontheirpersonalfreedomsaveinexecutionofajudicialdecisionoffinaleffect.

Documento das Nações Unidas

Vienna consular relations

Article42Notificationofarrest,detentionorprosecutionIntheeventofthearrestordetention,pendingtrial,ofamemberoftheconsularstaff,orofcriminalproceedingsbeinginstitutedagainsthim,thereceivingStateshallpromptlynotifytheheadoftheconsularpost.Shouldthelatterbehimselftheobjectofanysuchmeasure,thereceivingStateshallnotifythesendingStatethroughthediplomaticchannel

Documento das Nações Unidas

Vienna consular relations

Article43Immunityfromjurisdiction1.ConsularofficersandconsularemployeesshallnotbeamenabletothejurisdictionofthejudicialoradministrativeauthoritiesofthereceivingStateinrespectofactsperformedintheexerciseofconsularfunctions.2.Theprovisionsofparagraph1ofthisarticleshallnot,however,applyinrespectofacivilactioneither: 18(a)arisingoutofacontractconcludedbyaconsularofficeroraconsularemployeeinwhichhedidnotcontractexpresslyorimpliedlyasanagentofthesendingState;or(b)byathirdpartyfordamagearisingfromanaccidentinthereceivingStatecausedbyavehicle,vesseloraircraft.

Documento das Nações Unidas

Vienna consular relations

3.Ifcriminalproceedingsareinstitutedagainstaconsularofficer,hemustappearbeforethecompetentauthorities.Nevertheless,theproceedingsshallbeconductedwiththerespectduetohimbyreasonofhisofficialpositionand,exceptinthecasespecifiedinparagraph1ofthisarticle,inamannerwhichwillhampertheexerciseofconsularfunctionsaslittleaspossible.When,inthecircumstancesmentionedinparagraph1ofthisarticle,ithasbecomenecessarytodetainaconsularofficer,theproceedingsagainsthimshallbeinstitutedwiththeminimumofdelay.

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna convention 1961

Article311.AdiplomaticagentshallenjoyimmunityfromthecriminaljurisdictionofthereceivingState.Heshallalsoenjoyimmunityfromitscivilandadministrativejurisdiction,exceptinthecaseof:(a)ArealactionrelatingtoprivateimmovablepropertysituatedintheterritoryofthereceivingState,unlessheholdsitonbehalfofthesendingStateforthepurposesofthemission;(b)Anactionrelatingtosuccessioninwhichthediplomaticagentisinvolvedasexecutor,administrator,heirorlegateeasaprivatepersonandnotonbehalfofthesendingState;(c)AnactionrelatingtoanyprofessionalorcommercialactivityexercisedbythediplomaticagentinthereceivingStateoutsidehisofficialfunctions.2.Adiplomaticagentisnotobligedtogiveevidenceasawitness.3.Nomeasuresofexecutionmaybetakeninrespectofadiplomaticagentexceptinthecasescomingundersubparagraphs(a),(b)and(c)ofparagraph1ofthisarticle,andprovidedthatthemeasuresconcernedcanbetakenwithoutinfringingtheinviolabilityofhispersonorofhisresidence.4.TheimmunityofadiplomaticagentfromthejurisdictionofthereceivingStatedoesnotexempthimfromthejurisdictionofthesendingState.

Documento das Nações Unidas

Vienna convention 1961

Documento das Nações Unidas

Vienna consular relations

Article41Personalinviolabilityofconsularofficers1.Consularofficersshallnotbeliabletoarrestordetentionpendingtrial,exceptinthecaseofagravecrimeandpursuanttoadecisionbythecompetentjudicialauthority.2.Exceptinthecasespecifiedinparagraph1ofthisarticle,consularofficersshallnotbecommittedtoprisonorbeliabletoanyotherformofrestrictionontheirpersonalfreedomsaveinexecutionofajudicialdecisionoffinaleffect.3.Ifcriminalproceedingsareinstitutedagainstaconsularofficer,hemustappearbeforethecompetentauthorities.Nevertheless,theproceedingsshallbeconductedwiththerespectduetohimbyreasonofhisofficialpositionand,exceptinthecasespecifiedinparagraph1ofthisarticle,inamannerwhichwillhampertheexerciseofconsularfunctionsaslittleaspossible.When,inthecircumstancesmentionedinparagraph1ofthisarticle,ithasbecomenecessarytodetainaconsularofficer,theproceedingsagainsthimshallbeinstitutedwiththeminimumofdelay.

Documento das Nações Unidas

Vienna convention 1961

Article42AdiplomaticagentshallnotinthereceivingStatepractiseforpersonalprofitanyprofessionalorcommercialactivity.

Documento das Nações Unidas

General Convention on Privileges and Immunities of the Economic Community of West African States

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.

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

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of 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 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

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

Vienna convention 1961

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

General Convention on Privileges and Immunities of the Economic Community of West African States

Article 6Representatives of Member States1.Representatives of Member States to the institutions as well as to the Technical and lised Commissions of the Community and to conferences convened by the Community, shall, while exercising their functions, and during their travel to and from the place of meeting, enjoy the following privileges and immunities:(a)Immunity from personal arrest or detention and from any official interrogation as well as from inspection or seizure of their personal baggage;(b)Immunity from legal process of every kind in respect of words spoken, writtct or acts done by them in the exercise of their functions;(c)Inviolability for all their papers and documents and the right to use codes and tc receive papers or correspondence by courier or in sealed bags;(d)exemption in respect of themselves and their spouses from immigration restrictions, aliens' registration and from national obligations in the state they are visiting or through which they are passing in the exercise of their functions;(e)the same facilities in respect of currency or exchange restrictions as are accorded to representatives of foreign governments on temporary official missions;(f)the same immunities and facilities in respect of their personal and official baggage as are accorded to diplomatic envoys;(g)such other privileges, immunities and facilities not inconsistent with the foregoing as diplomatic envoys enjoy, except that they shall have no right to claim exemption from customs duties on goods imported (otherwise than as part of their personal baggage) or from excise duties or sales taxes

Tratado

Banjul charter

Tratado

Vienna consular relations

Documento das Nações Unidas

Banjul charter

Tratado

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.

Rules of Procedure

Rules of procedure

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.

Rules of Procedure

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

Article 901. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Tratado

Rules of procedure

1. If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default. 2. The application shall be served on the defendant. 3. The Court may decide to open the oral procedure on the application. 4. Before giving judgment by default the Court shall, after considering the circumstances of the case consider (a) Whether the application initiating proceedings is admissible, (b) Whether the appropriate formalities have been complied with, and (c) Whether the application appears well founded. 5. The Court may order a preparatory inquiry. 6. A judgment by default shall be enforceable. 7. The Court may, however, grant a stay of execution until the Court has given its decision on any application under paragraph 8 to set aside the judgment, or it may make execution subject to the provision of security of an amount and nature to be fixed in the light of the circumstances. This security shall be released if no such application is made or if the application fails. 8. Application may be made to set aside a judgment by default. 9. The application to set aside the judgment must be made within one month from the date of service of the judgment and must be lodged in the form prescribed by Articles 32and 33 of these Rules. 10. After the application has been served, the President shall prescribe a period within which the other party may submit his written observations. 11. The proceedings shall be conducted in accordance with Article 40 of these Rules. 12. The Court shall decide by way of a judgment whic h may not be set aside. The Original of this judgment shall be annexed to the original of the judgment by default. 13. A note of the judgment on the application to set aside shall be made in the margin of the original of the judgment by default.

Rules of Procedure

Rules of procedure

2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Rules of Procedure

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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

Rules of procedure

Article 881. Where it is clear that the Court has no jurisdiction to take cognizance of an action or where the action is manifestly inadmissible, the Court may, by reasoned order, after hearing the parties and without taking further steps in the proceedings, give a decision 2. The Court may at any time of its own motion consider whether there exists any absolute bar to proceeding with a case or declare, after hearing the parties, that the action has become devoid of purpose and that there is no need to adjudicate on it; it shall give its decision in accordance with Article 87(4) and (5) of these Rules.

Rules of Procedure

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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

Banjul charter

Tratado

Banjul charter

Tratado

Vienna convention 1961

Article1ForthepurposeofthepresentConvention,thefollowingexpressionsshallhavethemeaningshereunderassignedtothem:(a)The“headofthemission”isthepersonchargedbythesendingStatewiththedutyofactinginthatcapacity;(b)The“membersofthemission”aretheheadofthemissionandthemembersofthestaffofthemission;(c)The“membersofthestaffofthemission”arethemembersofthediplomaticstaff,oftheadministrativeandtechnicalstaffandoftheservicestaffofthemission;(d)The“membersofthediplomaticstaff”arethemembersofthestaffofthemissionhavingdiplomaticrank;(e)A“diplomaticagent”istheheadofthemissionoramemberofthediplomaticstaffofthemission;(f)The“membersoftheadministrativeandtechnicalstaff”arethemembersofthestaffofthemissionemployedintheadministrativeandtechnicalserviceofthemission; 3(g)The“membersoftheservicestaff”arethemembersofthestaffofthemissioninthedomesticserviceofthemission;(h)A“privateservant”isapersonwhoisinthedomesticserviceofamemberofthemissionandwhoisnotanemployeeofthesendingState;(i)The“premisesofthemission”arethebuildingsorpartsofbuildingsandthelandancillarythereto,irrespectiveofownership,usedforthepurposesofthemissionincludingtheresidenceoftheheadofthemission.

Documento das Nações Unidas

Vienna convention 1961

Article131.TheheadofthemissionisconsideredashavingtakenuphisfunctionsinthereceivingStateeitherwhenhehaspresentedhiscredentialsorwhenhehasnotifiedhisarrivalandatruecopyofhiscredentialshasbeenpresentedtotheMinistryforForeignAffairsofthereceivingState,orsuchother 6ministryasmaybeagreed,inaccordancewiththepracticeprevailinginthereceivingStatewhichshallbeappliedinauniformmanner

Documento das Nações Unidas

Vienna convention 1961

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Vienna consular relations

Documento das Nações Unidas

Banjul charter

Every 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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law. 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

Vienna consular relations

Documento das Nações Unidas

Supplementary protocol

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

Tratado

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

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Tratado

Banjul charter

Tratado

Supplementary protocol

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

Tratado

Banjul charter

Tratado

ECOWAS Revised treaty

g)recognition,promotionandprotectionof humanand peoples' rights in accordancewith the provisions of the African Charter on Human and Peoples' Rights;

Tratado

Banjul charter

Tratado

ECW:CCJ:APP:05:06

Tribunal da CEDEAO

Banjul charter

Tratado

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Tratado

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

Apenas tratados e lei leve89
- Tratado49
- Rules of Procedure5
- Documento das Nações Unidas35
Casos / decisões internacionais1
- Tribunal da CEDEAO1
Geolocation1
- Countries geolocation1

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