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Citation
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Judgment date
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| December 2015 |
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Court dismisses application for revision for lack of new, decisive facts and reiterates that only States can be sued for human rights violations.
ECOWAS Court—Revision of judgment under Article 25 of Protocol—Application for review—Requirement for new, decisive facts unknown at original judgment—No appeals from ECOWAS Court—Human rights jurisdiction limited to claims against States—Misjoinder of non-State respondents—Costs order.
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2 December 2015 |
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Claim of judicial impartiality violation rejected for lack of proof; requests for compensation and intervention dismissed, with costs levied against applicants.
Human rights – right to a fair trial – right to an impartial tribunal – judicial procedure – recusal of judges – application of international and national standards of impartiality – admissibility and merits of recusal-related claims – costs.
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1 December 2015 |
| November 2015 |
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ECOWAS Court affirms jurisdiction in human rights cases but refuses to act as court of appeal over domestic decisions absent proven rights violations.
ECOWAS Court – Human rights jurisdiction – exhaustion of local remedies – competence over cases where domestic appeals are pending or decided – standing of proper defendants – review of domestic court decisions – fair trial, right to life and liberty – due process – costs.
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30 November 2015 |
| October 2015 |
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Individuals or political parties lack standing to bring ECOWAS breach claims; only member states or the ECOWAS Commission can do so.
Regional law – ECOWAS Protocol on Democracy and Good Governance – Locus standi – Only member states or ECOWAS Commission can bring breach actions – Refusal of standing to individuals or political parties – Application declared inadmissible for want of standing.
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23 October 2015 |
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The applicant's detention was found to be arbitrary following exoneration, entitling him to compensation for the violation of human rights.
Human rights – arbitrary detention – effect of subsequent exoneration – judicial independence – political interventions – compensation for unlawful detention – jurisdiction of ECOWAS Court to review state conduct for compatibility with human rights instruments.
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23 October 2015 |
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The court held that state-imposed amnesty cannot preclude victims' right to justice and compensation for political assassination.
Human rights – right to access to justice – effect of amnesty laws – right to life – state obligation in protection against political assassinations – reparations for violations of international human rights – ECOWAS Court jurisdiction – limits to review of national jurisprudence.
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23 October 2015 |
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ECOWAS Community Court of Justice lacks jurisdiction over election-related human rights claims primarily against individuals or non-State parties.
ECOWAS Court – jurisdiction – human rights – preliminary objection – admissibility – whether suit against individuals and non-State entities lies under human rights mandate – locus standi – mootness – electoral disputes – political party as claimant – identical factual circumstances post-election outcome.
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14 October 2015 |
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Applicants' claims of arbitrary detention and torture dismissed for insufficient evidence before ECOWAS Court.
Human rights – Arbitrary arrest and detention – Torture and inhuman or degrading treatment – Burden of proof – Insufficient evidence – ECOWAS Court jurisdiction – Reparation claims dismissed for lack of proof.
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7 October 2015 |
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The Court found Togo liable for arbitrarily arresting and detaining the applicants and harming their reputation, awarding monetary compensation.
Human rights – Arbitrary arrest and detention – Right to liberty and security – Damage to honor and reputation – Torture and inhuman treatment – Standard of proof for human rights violations – Compensation for unlawful detention – Responsibility of State for judicial dysfunction.
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6 October 2015 |
| July 2015 |
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The Court found that electoral law amendments excluding former regime supporters from candidacy violated internationally protected political participation rights.
International human rights – electoral law – right to participate in elections – non-discrimination – exclusion from candidacy based on political association – ECOWAS Court jurisdiction – urgent measures prior to imminent violation – interpretation of international obligations vs. domestic law.
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13 July 2015 |
| June 2015 |
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Where a valid settlement on voluntary retirement has been fulfilled, subsequent claims for alleged violations are inadmissible.
Human rights – voluntary retirement of public servants – ECOWAS Court jurisdiction – legal standing – effect of prior settlement – fulfillment of state obligations – costs
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30 June 2015 |
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An application for violation of employment rights was found inadmissible for lack of applicant identification and valid representation.
Human rights – ECOWAS Court procedure – admissibility – requirement for identification of applicants – standing and mandate of representatives – exhaustion of domestic remedies not a bar to ECOWAS Court jurisdiction – anonymous application inadmissible – lack of mandate to represent.
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30 June 2015 |
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The ECOWAS Court dismissed claims of violation of customary property rights in Bamako due to lack of evidence of ownership.
Human rights – right to property – customary land rights – standard of proof – equality before the law – requirement of administrative title for protection – ECOWAS Court jurisdiction – admissibility criteria not determined by national law – failure to prove right to property under international law.
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30 June 2015 |
| May 2015 |
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Summary dismissal of a police officer without a hearing constitutes a violation of the right to fair hearing under Article 7 ACHPR.
Human rights – Right to fair hearing – Dismissal from public service without due process – Article 7 of the African Charter – Remedy for denial of due process – State responsibility for violations by public officials – Employer liability for procedural injustice in dismissal.
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4 May 2015 |
| April 2015 |
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Arbitrary pre-trial detention and excessive procedural delays violate international human rights standards and entitle the victim to compensation.
Human Rights – Arbitrary detention – Pre-trial detention exceeding statutory limits without judicial authorization – Right to be heard within a reasonable time – Failure to justify prolonged detention – Moral and psychological harm – Compensation for human rights violations under international law.
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24 April 2015 |
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Mere disagreement with parliamentary procedure does not, without specific and proven violations, establish a human rights claim before the ECOWAS Court.
ECOWAS Court – Human rights – Parliamentary law – Legislative procedure – Composition of parliamentary bureau – Requirement to identify and prove violation of specific human rights – Jurisdictional limits of regional human rights court – Accelerated procedure, conditions for application.
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23 April 2015 |
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The applicant's arbitrary dismissal from public service violated his right to employment under international human rights law.
Administrative law – human rights – right to employment – dismissal of civil servant – disciplinary procedure – public service law – compliance with international human rights standards – remedies for wrongful termination – evaluation of moral damages.
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23 April 2015 |
