ECOWAS Community Court of Justice - 2025 March

6 judgments
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6 judgments
Citation
Judgment date
March 2025
State liable for failing to investigate sexual violence; awarded compensation and ordered preventive and victim-support measures.
Human rights — ECOWAS Court jurisdiction and admissibility — State due diligence to investigate sexual violence — Preservation of medical and police evidence — Right to effective remedy — Sexual violence as inhuman/cruel treatment — Reparations and victim support obligations.
20 March 2025
Respondent liable for arbitrary detention, degrading treatment, media-driven breach of presumption of innocence; investigation and CFA 30,000,000 awarded.
Human rights — Jurisdiction and admissibility of default judgment — Arbitrary arrest and detention — Inhuman and degrading treatment in custody — Presumption of innocence violated by public media exposure — Right to privacy, honour and reputation — Reparations and costs.
17 March 2025
Claims of statutory discrimination over land were declared moot after 2022 land laws repealed the impugned statute; damages denied.
Human rights — land rights — alleged statutory discrimination against an ethnic community — Provinces Land Act (Cap.122) — National Land Commission Act 2022 and Customary Land Rights Act 2022 repeal and reform — admissibility and default judgment — reparations refused for lack of evidential proof.
17 March 2025
Court: failure to create a sixth state does not, by itself, violate equality or development rights; foreign NGO struck off.
Human rights — actio popularis — standing of NGOs in public interest actions — limits of Court’s remit over internal territorial organization — Article 19 (peoples’ equality), Article 22 (right to development) African Charter; Article 26 ICCPR — margin of appreciation in creating subnational units.
17 March 2025
Applicants’ arrests and forcible home entries violated privacy, liberty, assembly, expression and fair‑trial rights; damages awarded.
Human rights – unlawful entry into private homes; arbitrary arrest and detention; infringement of freedom of assembly, demonstration and expression; violation of right to counsel and fair trial; remedies and damages (5,000,000 CFA per applicant); costs awarded against State.
17 March 2025
ECOWAS Court finds fair‑trial violations (unreasonable delay and denial of defence), awards modest damages and orders costs against the State.
Human rights — jurisdiction — admissibility — expedited procedure — fair trial: presumption of innocence; right to be tried within reasonable time; right of defence (access to counsel and file) — arbitrary detention — torture and inhuman or degrading treatment — compensation and costs.
14 March 2025