Republic of Senegal ordered to pay 50 Million CFA Francs to Belgian for Rights Violations
The ECOWAS Courtroom has ordered the Republic of Senegal to pay 50 million CFA francs as compensation to a Belgian, Mrs Lays Catherine Josephine Ghislaine for the violation of her proper to liberty whereas in detention within the nation previous to extradition 5 years in the past.
Delivering the judgment on Monday, 26th October 2020, Justice Januaria Moreira Costa held the Respondent, the Republic of Senegal, responsible for violation of the Applicant’s proper to liberty however held that the State didn’t infringe on her proper to dignity, the second plea made within the initiation utility. It additionally dismissed different reliefs sought by the Applicant, declaring them unfounded.
Mrs Ghislaine had in her initiating utility in swimsuit no. ECW/CCJ/APP/01/19 filed January 7, 2020, alleged she was arbitrarily arrested in September 2015 in furtherance of a global arrest warrant issued by a Belgian court docket and detained in jail by brokers of the Respondent throughout which she was subjected to degrading therapy in the midst of her extradition to Belgium.
The Applicant added that the method for her extradition exceeded the stipulated 30 days interval offered for within the Senegalese regulation referring to extradition.
She averred that though the order for her extradition was issued on June 14, 2016, she was ultimately extradited on November 24, 2016 in contravention of Senegal’s regulation that offered that the sufferer if not extradited inside 30 days needs to be launched.
Her counsel, Mr Assane Dioma Ndiaye, claimed that the Applicant additionally endured starvation strike and was wrongly identified of most cancers with the attendant worry and nervousness and subsequently sought orders of the Courtroom declaring the Respondent responsible for the violations, and the cost of 500 Million CFA francs as reparation, in addition to the price of litigation.
In response, the Respondent didn’t counter the claims of the Applicant on the relevant regulation regarding extradition however argued that the Applicant offered no proof to again her claims of being detained past the stipulated time.
The Respondent additional argued that the starvation strike launched into by the Applicant came about throughout the authorized interval of detention and that the medical report carried out by a Non-Governmental Organisation (NGO) solely suspected most cancers. The counsel added that the Applicant didn’t show how the illness was straight or not directly associated to her detention.
Additionally on the panel had been Justices Gberi-Be Ouattara and Dupe Atoki.
In one other swimsuit, the Courtroom absolved the federal government of the Republic of Senegal of the violation of the correct of 1 Senegalese, Mr. Siny Dieng who was tried and sentenced for cash laundering and the funds seized by the federal government.
Within the judgment additionally delivered by the choose rapporteur, Justice Januaria Moreira Costa, Courtroom rejected the declare of the Applicant that the trial and seizure of the estimated 100 million CFA franc based mostly on the order of a court docket violated his proper to truthful listening to and property as assured by numerous authorized texts cited within the initiating utility in swimsuit no ECW/CCJ/APP/50/19.
Mr Dieng, claimed that the cash was earnings from work carried out in Europe over 9 years, throughout which he saved and repatriated about 100 Million CFA francs to his dwelling nation.
On their half, the Respondent’s counsel Mrs Ramatoulaye Ly raised a preliminary objection by which she argued that the Courtroom lacked jurisdiction to listen to the matter as it would quantity to the court docket interfering in nationwide legal guidelines and reviewing the ultimate determination of a nationwide court docket.
She additionally argued that the rights of the Applicant had been revered as he was accorded truthful listening to and was represented by his counsels throughout all of the proceedings on the nationwide courts and even appealed the matter as much as the Supreme Courtroom.
Mrs Ly additional argued that there was no violation of the presumption of innocence and that the Applicant was convicted and the cash seized based mostly on the State’s Act No. 2004-09 of February 6, 2004 on combating cash laundering. The State then urged the Courtroom to dismiss the case as unfounded.
The matter was adjudicated by a panel of three judges which additionally included Justices Dupe Atoki and Keikura Bangura.
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