ECOWAS Community Court of Justice - 2017

7 judgments
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7 judgments
Citation
Judgment date
October 2017
ECOWAS Court adopts consent settlement on remedies for Nigerian Civil War mine victims without an order as to costs.
Human rights – post-conflict remedies – landmine victims – settlement agreement – consent judgment – adoption by regional court.
30 October 2017
Arbitrary gender-based arrests and degrading treatment of women violated international human rights obligations, warranting damages against the state.
Human rights – gender-based discrimination – arbitrary arrest and detention – cruel, inhuman, and degrading treatment – failure to investigate and redress violations – women's rights – ECOWAS Court jurisdiction – statute of limitations.
12 October 2017
ECOWAS Court lacks jurisdiction where no evidence of discriminatory human rights violation from national electoral law amendments is shown.
Human rights – Political participation – Electoral law amendments – Jurisdiction of ECOWAS Court – Requirement for showing specific discrimination or human rights violation – Court not competent to adjudicate purely domestic electoral reforms absent evidence of targeted discrimination or rights infringement.
10 October 2017
State found liable for cadet’s drowning death during training; right to life violation established despite signed liability waiver.
Human rights – right to life – arbitrary deprivation of life – liability of state for acts and omissions of its agents – military training exercise – adequacy of safety measures – non-derogability of right to life – effect of consent/waiver in human rights litigation – state obligations to investigate, prosecute and provide redress for violations
10 October 2017
The court found the respondent liable for arbitrary detention, assault, and unlawful seizure of property by its officials at a border post.
Human rights – assault and inhuman treatment by state officials – arbitrary detention – seizure of travel documents – state responsibility – duty to investigate – compensation for violation of physical integrity and liberty under the African Charter on Human and Peoples’ Rights.
10 October 2017
A suit alleging environmental and human rights violations in oil-producing areas was dismissed for lack of credible evidence and standing.
Human rights – locus standi – representative action – environmental degradation – allocation of oil licenses – proof of rights violation – African Charter – ECOWAS Court jurisdiction – evidentiary burden in human rights claims
10 October 2017
January 2017
ECOWAS Court held Mali liable for excessive judicial delays violating the applicant's right to a hearing within a reasonable time.
Human rights – Reasonable time – Right to a fair hearing – Delay in judicial proceedings – International jurisdiction – ECOWAS Court competence over due process and delays in member state courts – State liability for judicial delays.
24 January 2017