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Citation
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Judgment date
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| April 2025 |
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Whether successive prosecutions violated the applicant's non bis in idem and right of defence; court found no violation.
Human rights — Fair trial — Non bis in idem (res judicata) — Distinct facts and successive prosecutions — Right of defence — Accused's presence required; counsel cannot always plead in absence — Damages — Burden to prove actual loss — Counterclaim for abusive proceedings dismissed.
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12 April 2025 |
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Court admits only freedom of expression claims; strikes down vague blasphemy laws and orders repeal/amendment as incompatible with international law.
Human rights – Jurisdiction – actio popularis – admissibility of freedom of expression claims; Freedom of expression – limits must be lawful, legitimate and necessary – vagueness defeats legality; Blasphemy laws – death penalty disproportionate; State responsibility for laws of federating units.
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9 April 2025 |
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The respondent violated the applicant's right against inhuman treatment and to a timely investigation; damages and investigations ordered.
Human rights jurisdiction – Admissibility – Victim status; Evidence and burden of proof – Medical certificate and contemporaneous press reports; Prohibition of torture and inhuman or degrading treatment (Article 5 African Charter); Right to be tried/rights to a hearing within reasonable time (Article 7 African Charter) – undue delay of 14+ years; State responsibility for acts of law enforcement agents; Remedies – damages, investigation and compliance reporting; Costs ordered against State.
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9 April 2025 |
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Applicant failed to prove Cabo Verde denied access to essential medicine; Court found no violation of the right to health.
Human rights — Right to health — Access to essential medicines — State obligations to respect, protect and fulfill health rights — Burden of proof — Jurisdiction and admissibility of individual applications under ECOWAS Court jurisdiction.
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7 April 2025 |
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Court found no proven violation of reproductive rights due to insufficient evidence and limited jurisdiction to review domestic abortion laws in abstract.
Jurisdiction and admissibility — preliminary objection procedure — limits on abstract review of domestic laws — right to health and reproductive rights under African Charter and Maputo Protocol — requirement of minimum evidentiary showing for allegations of rape, pregnancy causation and denial of health services — unsuccessful claim for reparations.
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4 April 2025 |
