African Human Rights CLA 2.0

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THE COMMUNITY COIIRT OF ruSTICE OF THE ECONOMIC COMMUMTY OF WEST AFRICAN STATES (ECOWAS) 1. MS. ROSE BREIVIGEL APPLICANTS 2. MS. EZABETH BAUMERICH AND FEDERAL REPUBLIC OF NIGEzuA RESPONDENT COMPOSITION OF THE COURT: Hon. Justice Edward Amoako Hon. Justice Dupe ASAIITE ATOKI Hon. Justice Januaria M. Tavares COSTA - Presiding/ Judge Rapporteur Member - Member ASSISTED BY: Dr. Athanase ATONNON - Deputy Chief Registrar REPRESENTATION OF PARTIES: Oludayo F'AGBEMI, Esq. Holger IIERMBACH Maimuna L. SHIRU, Esq. Counsel for Applicants Counsel for Respondent

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I. JUDGMENT3
II. DESCRIPTION OF THE PARTIES3
III. INTRODUCTION3
Subject matter of proceedings3
IV. PROCEDURE BEFORE THE COURT4
V. APPLICANT'S CASE4
a. Summary of facts4
b. Pleas in Law7
c. Reliefs Sought7
VI. RESPONDENT'S CASE8
a. Summary of facts8
b. Pleas in law9
c. Reliefs sought by the Respondent9
VII. JURISDICTION10
VIII. ADMISSIBILITY10
IX. MERITS12
a. Alleged violation of right to life (Article 4)12
b. Alleged breach of duty to investigate (Articles 1 & 4)17
c. Allegation of torture (Article 5)22
d. Allegation of violation of right to presumption of innocence24
X. REPARATIONS26
XI. COSTS27
XII. OPERATIVE CLAUSE27
On jurisdiction28
On admissibility28
On merits28
As to costs29
As to compliance and reporting29

ECW/CCJ/JUD/05/22 - Ms. Rose Breivogel & Ors v. Nigeria

ECOWAS Court

ECCJ App no.: ECW/CCJ/APP/12/19

ECCJ Jud No.: ECW/CCJ/JUD/05/22

Type of Document

Judgement

Keywords

Cruel and Degrading Treatment
Investigation
Right to Dignity
Right to Fair Trial
Right to Life

Country

Nigeria

Outcome: Decided on Merits

Year Decided: Mar 21, 2022

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment

African Charter Rights Violated

ACHPR 4: Right to Life and Integrity

African Charter Rights Not Violated

ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7.1.b : Innocent Until Proven Guilty

Duration of Procedure: Feb 20, 2019 ~ Mar 21, 2022

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Countries (Geolocation) ): Nigeria

Primary Documents

JUD-ECW-CCJ-JUD-05-22-Ms. Rose Breivogel & ANOR v. Nigeria.pdf
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Loayza-Tamayo v Peru

Inter-American Court/Commission Documents

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings.

Rules of Procedure

ECOWAS Court Rules of Procedure

2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings.

Rules of Procedure

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Treaties and softlaw only20
- Treaty18
- Rules of Procedure2
International cases/decisions1
- Inter-American Court/Commission Documents1

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