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Derter Eddie Jolrnson v. Republic of Ghana
Application No. 016/2017

Dissenting Opinion

of
Judge Rafa6 Ben Achour

L

l voted against the above Judgment (Dexter Eddie Johnson v. Republic ofGhana) for
two reasons

2.

I consider that the Court should have declared the Application inadmissible. not on the
basis of Article 56(7)r of the African Charter on Human and Peoples' Rights (hercinafter
rcfcrrcd to as "the Charter") and Rulc 40(7) olthc Rules ofCourt (hereinafter referred
to as "the Rules"), but rather on the basis of Anicle 56(6)2 of the Chartcr and Rulc 40(6)

of'the Rules. that is, fbr tailure by the Applicant. Dexter F.ddie Johnson (hereinafter
relbrred to as "the Applicant") to fllc his Applicalion belbre the Cou( rvithin a
rcasonable tirne after the exhaustion oilocal remedics (hereinaftcr referred to as "LR")
(I).

3.

liurthermore. and assuming that the said limelrame is reasonablc, as held by the C-'ourt
in paragraph 45 of the Judgment, thc Court should have declared the Application
admissible and proceeded to the merits of the case, because, in my opinion, the case has
not been "settled in accordance rvith the principles of the United Nations Charter, the
Charter of the Organization olAlrican LJnity and the provisions of the present Charter."
l-he Views olthe UN Human Rights Council (hereinafter referred to as "l lRC") do not.
in my opinion, "settle" the case. (lI)

I

4.

Non-observance of reasonable time for seizure of the Court

'l'he requirement of the Charter, also rcflected in the Rules of Court, to ti le the
application within a reasonable time, is a requirement based on the need for legal
saleguards. This requirement is enshrined in the instrurnents ofthe three regional human
rights Courts. However, whereas the Inter-American and European conventions have
set thc deadline at six months as lrom the date of exhaustion of local remedies,3 the

Charter lcft it first at the discretion of the Commission, and later, that of the Court,
taking into consideration the circumstances ofeach case.

I l-or cr)mmentar) on this

iu

ticle: See. Otj(it IllRCOt.lZ (l'-atsah). "Arricle 56". In KANl'l'O (Maurice) lDir).'lhe

.l/riun ('hurter on tlumun und Peoples' llight.s untl lhe Prolocol on the f.stablishmenl of qn .lfrican ('ourt
ll mun un.l Peoples' Rights .lrtic'le- by drliLle ('omnent.ul'. !lrussels. Ilruylant. 201 l. p, 1044.
2

lror comrnentar; on this aniclc: See. ft/err. p.

10.13.

IArt.35(l)ofliuropean('onrcntionandarticle46( l)(

b) of'the Inter-Anrerican Conrention.

1,

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Select target paragraph3