;oQosor
Human Rights Committee, Dexter Eddie Johnson was sentenced to death, and
should Ghana, the Respondent State proceedl to carry out the death sentence, it
would violate his rights under Articles 2, $ 1, 3, 6, 5, 7 , 14 of the lnternational
Covenant on Civil and Political Rights (1966). A violation of the right to life
4. On 27 May 2004, a US national was killed
near Accra, Ghana. Dexter Eddie
Johnson was brought to trial, having been charged with committrng the crime,
which charge he denied. The High Court of Accra convicted him of murder and
sentenced him to death on 18 June 2008. Following lengthy internal proceedings
marked by Mr. Dexter's challenge to the merits of the death penalty imposed, he
brought the matter before the Human Rights Committee.
5. ln its Communication in Communication No.217712012, the 11Oth Session of the
Human Rights Committee of 28 March 2014, in accordance with article 5,
paragraph 4 of the Optional Protocol to the lnternational Covenant on Civil and
Political Rights, considers that the facts presented to it show a violation of Article
6, paragraph 1 of the Covenant. The Committee stressed that "the State party
is
under an obligation to provide the author with an effective remedy, including the
of the author's death sentence. The State party is under an
obligation to avoid similar violations in the future, including by adjusting its
commutation
legislation to the provisions of the Covenant.z The Respondent State did not take
further action. lt is in these circumstances that Mr Dexter brought his Application
before the Court, which, in its Decision
of 30 March 2019, dismissed
the
Application as inadmissible, a refusalto re-adjudicate on the matter.
6. This Opinion seeks to establish, on the one hand, that it was possible to invoke
an exception to non bis in idem in the Decision in order to render the Dexfer
Application admissible (l) and, on the other hand, that the decision taken is a
setback for the development of the law (ll).
l.
I
'
An exception lo non bis in idem was possible
The Optional Protocol entered into force in Ghana on 7 December 2000.
HRC, Communication No.217712012, Dexter Eddie Johnson v. Ghana,28 March 2014, S 9 el seq
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