ECOWAS Community Court of Justice - 2021 March

6 judgments
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
March 2021
Detention and pending extradition of the applicant in Cabo Verde found unlawful for violating the right to liberty; immediate release ordered.
Human rights – arbitrary arrest and detention – diplomatic immunity – compliance with international and national law in extradition proceedings – right to liberty – ECOWAS Court jurisdiction – standing to seek sanctions for noncompliance with Community obligations.
15 March 2021
Arrest and detention without warrant or valid Interpol red alert violated the applicant’s right to liberty under the African Charter.
International human rights law – arbitrary detention – extradition – diplomatic immunity – fair trial – remedies – international law – African Charter on Human and Peoples’ Rights – right to liberty – locus standi for sanctions – retroactivity of diplomatic immunity – compensation for unlawful detention – procedural safeguards for arrest.
15 March 2021
The ECOWAS Court lacks jurisdiction over human rights claims solely between private individuals or purely domestic disputes.
Jurisdiction – ECOWAS Court – human rights – proper parties – cause of action against Community institutions – international character required – domestic disputes between individuals – Court's competence limited to Member States and Community official acts.
10 March 2021
The respondent violated the applicants’ right to property by unlawfully expropriating land without compensation or due legal process.
Human rights – Right to property – Compulsory acquisition of land – Requirements of lawfulness and compensation – African Charter on Human and Peoples’ Rights, Article 14 – Expropriation without notice or compensation – State obligations and remedies.
9 March 2021
Applicants claiming discrimination in post-election violence compensation failed as they could not prove verified victim status under panel process.
Human rights – ECOWAS Court jurisdiction – standing and anonymity – res judicata – state responsibility for failure to prevent post-election violence – obligations of investigation and compensation – evidentiary burden for compensatory claims – discrimination and selective compensation of victims.
9 March 2021
The applicant’s rights to liberty, fair hearing, movement, and dignity were violated by arbitrary detention and passport seizure in Nigeria.
Human rights – ECOWAS Court jurisdiction – arbitrary arrest and detention – fair hearing – freedom of movement – dignity of the person – torture threshold – reparations for violations
4 March 2021