All courts - 2016

134 judgments
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134 judgments
Citation
Judgment date
December 2016
The ECOWAS Court lacks jurisdiction to enforce its own judgments; enforcement must proceed through national courts.
Community Court of Justice – ECOWAS – Enforcement of judgments – Competence – Whether ECOWAS Court can execute or oversee execution of its own judgments – Article 24 of Additional Protocol – Enforcement to be pursued before national courts.
6 December 2016
The ECOWAS Court reaffirmed it is not an appellate forum for reviewing national court decisions and dismissed allegations of fair trial violations.
Human rights – right to fair trial – right to political participation – jurisdiction of ECOWAS Court – not an appellate forum for national judgments – standard of proof for human rights violations.
6 December 2016
5 December 2016
5 December 2016
5 December 2016
November 2016
29 November 2016
28 November 2016
23 November 2016
18 November 2016
The court ordered Tanzania not to execute a death row applicant pending determination of alleged fair trial rights violations.
Human rights – Provisional measures – Death penalty – Fair trial rights – Article 7(1) African Charter – Irreparable harm – Preservation of status quo pending determination.
18 November 2016
Court orders suspension of execution pending determination of death row inmate's claims of rights violations.
Human rights – death penalty – imminent execution – provisional measures – irreparable harm – preservation of rights pending determination – African Charter on Human and Peoples’ Rights.
18 November 2016
The Court ordered Tanzania to stay execution of applicants on death row, pending full determination of alleged human rights violations.
International Human Rights – Right to life – Fair trial – Death penalty – Provisional measures to stay execution pending determination of application – Prima facie jurisdiction – Risk of irreparable harm.
18 November 2016
The Court ordered Tanzania not to execute the Applicant pending a decision on his human rights allegations.
Human Rights – death penalty – provisional measures – right to life – fair trial – irreparable harm – African Charter – jurisdiction of the African Court.
18 November 2016
African Court orders a stay of execution to prevent irreparable harm pending judgment on allegations of rights violations.
Human rights – provisional measures – death penalty – irreparable harm – right to life – fair trial guarantees – African Charter on Human and Peoples' Rights – Court's power to order provisional measures to prevent execution pending determination of application.
18 November 2016
The Court ordered a stay of execution for a death row applicant facing possible irreparable harm pending determination of his human rights claim.
Human rights – African Charter – Right to life – Death penalty – Provisional measures – Extreme gravity and risk of irreparable harm – Jurisdiction of the African Court – Order to refrain from execution pending final determination.
18 November 2016
The Court ordered Tanzania to halt the applicant’s execution pending full consideration of his alleged fair trial violations.
Fair trial – Right to review of conviction – Death penalty – Provisional measures – Extreme gravity and risk of irreparable harm – Preservation of status quo pending determination of main application.
18 November 2016
Court orders state to halt execution of death row applicant pending resolution of fair trial and rights violation claims.
Human rights – Right to life – Death penalty – Fair trial – Provisional measures – Irreparable harm – Interim protection pending determination of application.
18 November 2016
17 November 2016
16 November 2016
14 November 2016
9 November 2016
9 November 2016
The ECOWAS Court held that Nigeria’s mandatory death penalty did not violate international human rights obligations absent specific evidence of rights violations.
Human rights – death penalty – right to life – international obligations – ECOWAS Court jurisdiction – mandatory death sentence – fair trial – separation of powers – collective suits.
9 November 2016
7 November 2016
4 November 2016
4 November 2016
3 November 2016
October 2016
27 October 2016
27 October 2016
27 October 2016
26 October 2016
The court found the applicant's arrest and detention unlawful and awarded damages but dismissed claims of inhuman treatment.
Human rights – unlawful arrest and detention – inhuman and degrading treatment – right to property – standard of proof – compensation for breach of fundamental rights.
12 October 2016
The court found the Defendants liable for breach of contract, ordering payment of the unpaid sum with interest and costs.
Contract – breach of contract – non-payment for goods and services rendered – default judgment – uncontroverted evidence – liability for balance of contract price – contractual interest – claim for general damages refused.
6 October 2016
Executive detention after bail and unlawful search without warrant held to violate rights to liberty and property under international law.
Human rights – arbitrary arrest and detention – due process – rule of law – violation of court orders – unlawful search and seizure – right to liberty and property – separation of powers – compliance with international human rights obligations.
4 October 2016
September 2016
The Court struck out the Application due to non-compliance with procedural requirements, allowing refiling if properly reformulated.
Procedure – African Court on Human and Peoples’ Rights – Non-compliance with procedural requirements – striking out Application – Applicant's obligation to reformulate Application in line with Court's Rules – lack of interest inferred from inaction – Application struck out without prejudice.
5 September 2016
July 2016
28 July 2016
28 July 2016
28 July 2016
28 July 2016
28 July 2016
28 July 2016
28 July 2016
28 July 2016
28 July 2016
27 July 2016
27 July 2016
20 July 2016
20 July 2016
20 July 2016
18 July 2016