ECOWAS Community Court of Justice - 2016 April

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4 judgments

Citation	Judgment date
April 2016
Koffi vs Republique du Togo (ECW/CCJ/APP/02/15; ECW/CCJ/JUD/07/16) [2016] ECOWASCJ 7 (20 April 2016) The court found the State responsible for arbitrary detention and torture, ordering substantial compensation for human rights violations. Human rights – arbitrary arrest and detention – torture and cruel, inhuman or degrading treatment – State responsibility for acts of agents – right to compensation – ECOWAS Court jurisdiction – procedural admissibility.	20 April 2016
Rita and Anor vs Republique du Togo (ECW/CCJ/APP/30/14; ECW/CCJ/JUD/08/16) [2016] ECOWASCJ 8 (20 April 2016) The court found Togo liable for failing to regularize a teacher’s position, violating her right to equal treatment in public service. Human rights – civil service – equality of treatment – non-regularization after probation – public administration liability – discrimination – damages – ECOWAS Court jurisdiction – Togo.	20 April 2016
York vs Republic of Liberia (ECW/CCJ/APP/12/14; ECW/CCJ/JUD/5/16) [2016] ECOWASCJ 5 (18 April 2016) A state’s failure to secure the release or provide diplomatic protection to its consular officer abroad does not violate recognized human rights. Diplomatic immunity – Vienna Convention on Diplomatic Relations – consular versus diplomatic status – right to diplomatic protection – limitations of consular immunity – human rights jurisdiction of ECOWAS Court – whether failure to provide consular protection amounts to human rights violation – distinction between state prerogative and individual right.	18 April 2016
Bassole vs Burkina Faso (ECW/CCJ/APP/03/16; ECW/CCJ/JUD/19/16) [2016] ECOWASCJ 19 (1 April 2016) Restriction on choice of foreign counsel violated the applicant’s rights; insufficient evidence to adjudicate alleged telephone tapping. Human rights – Right to free choice of counsel – Supremacy of international obligations over domestic law – Jurisdiction of ECOWAS Court despite lis pendence; Privacy/tapped telephone conversations – requirement of concrete evidence to establish unlawful interception and prejudice	1 April 2016