;oQosor Human Rights Committee, Dexter Eddie Johnson was sentenced to death, and should Ghana, the Respondent State proceedl to carry out the death sentence, it would violate his rights under Articles 2, $ 1, 3, 6, 5, 7 , 14 of the lnternational Covenant on Civil and Political Rights (1966). A violation of the right to life 4. On 27 May 2004, a US national was killed near Accra, Ghana. Dexter Eddie Johnson was brought to trial, having been charged with committrng the crime, which charge he denied. The High Court of Accra convicted him of murder and sentenced him to death on 18 June 2008. Following lengthy internal proceedings marked by Mr. Dexter's challenge to the merits of the death penalty imposed, he brought the matter before the Human Rights Committee. 5. ln its Communication in Communication No.217712012, the 11Oth Session of the Human Rights Committee of 28 March 2014, in accordance with article 5, paragraph 4 of the Optional Protocol to the lnternational Covenant on Civil and Political Rights, considers that the facts presented to it show a violation of Article 6, paragraph 1 of the Covenant. The Committee stressed that "the State party is under an obligation to provide the author with an effective remedy, including the of the author's death sentence. The State party is under an obligation to avoid similar violations in the future, including by adjusting its commutation legislation to the provisions of the Covenant.z The Respondent State did not take further action. lt is in these circumstances that Mr Dexter brought his Application before the Court, which, in its Decision of 30 March 2019, dismissed the Application as inadmissible, a refusalto re-adjudicate on the matter. 6. This Opinion seeks to establish, on the one hand, that it was possible to invoke an exception to non bis in idem in the Decision in order to render the Dexfer Application admissible (l) and, on the other hand, that the decision taken is a setback for the development of the law (ll). l. I ' An exception lo non bis in idem was possible The Optional Protocol entered into force in Ghana on 7 December 2000. HRC, Communication No.217712012, Dexter Eddie Johnson v. Ghana,28 March 2014, S 9 el seq 2

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