Chief Ebrimah Manneh v Republic of The Gambia (ECW/CCJ/APP/04/07; ECW/CCJ/JUD/03/08) [2008] ECOWASCJ 7 (5 June 2008)

~~ ~~~~~~~~~~ IN nm COMMrUNITY COURT OF rustiril:::'E!'";,,,., ~~~~~~~~~~~ ~~~~~~ ~~~~ ~~ ~~ ~ C'Tc ~~~ CERTIFIED TRUE copy ~~~~~~~~~ ~~~~ Q 'Ii - ~--Cf)~~-6€ ~ - -□-.(;___ It ~~~~ -- -oF · THE ·ECOl\TO·MtC CO1VllVITJNITY - -op ··WEST ~~~~~~~~~~~~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ AFRlCAl~ATES- (ECO V\T AS) ~~~~~~~~ ~~~ lIOLDEN IN ABUJA, NIGERIA ~~~~~~~ ~~~~~ ~~~~~ ~ 01\f TI-IURSDA Y 5TH JUNE, 2008 ~~~ ~~~ ~~ ~~~~~~ ~~~~ ~ BEFORE THEIR LORDSIYJIPS HON. JUSTICE . A~THONY ALFRED BENil\f - PRESIDING HON. JUSTICE A VVA 1~ANA DOBOY 1\_ HON. JUSTICE T. A. LL EL-MANSOUR -MEl\JIBER TONY . ANE:tffi-lVlAIDOH CHIEF REGISTRAR SUIT NO: ECVV/CCJ/APP/04/07 JlJDGMENT NO: ECW/CCJ/JUD/03/08 BETWEEN CHIEF EBRIMAH MANl\TEH - PL./iJl\fTIFF AND TI--IB REPUBLIC OF THE GJ\lVIBIA - DEFEl\l--UAl~T 1--:--Ti1e-piaintiff-is--a--comm-unrty-e·nizen-;-o1-ifltari-ewtal·-of-tlh:e - - ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Repub lic of The Gambia. The defendant is a Men11ber State ~~~~~~~~~ of the Economic Community of ,,rest African States ~~ (ECOWAS). ~~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~ ~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~ ~~~ ~~ ~~~~~~~ 2. Femi Falana with Chinedrurn Agvvarambo (I'\/2frs.) and ~~ ~~~~ Sola Egbeyinka appeared for the plaintiff. Defendant failed ~~~~ to enter an appearance. ~~ ~~~~~ ~~ ~~~~~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~ ~~~ 3. The plaintiff has co1ne to this Court seeking the ~ ~ ~~~ ~~~~ following reliefs: ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~ ~~ ~~~ ~~~~ ~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~~~~~~~~~ A. A declaration that his arrest by the National ~~ ~ ~~~ Intelligence Agency of The Gan1bia at the ~~~~~~~~~~~~~ ~~~~ ~~ premises of The Daily Observer in Banjul on the ~~~~~~~~ ~~~~~~~ 11 th July, 2006 is iUegal and unlavvf11l as it ~ ~~~ ~~~~~ ~~~~~~~ ~~ violates A...irticle 6 of the African Charter on ~~~~~~~~ ~~~ ~~~ Hw:nan and Peoples' Rights vvhich guarantees his ~~~~ ~~~~~~~~ human right to personal liberty. ~~~~ ~ ~~~~~ ~~ ~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~ ~~~ ~~~ ~~~~~~~~~~~ B. A declaration that his detention on the 11th July, ~~~~ ~~~ ~~~~~~~~~~~ ~~ 2006 and his continual detention since then ~~~~ without trial is unlavvfuJl and a violation of his ~~~~~~~~ ~~~~ right as guaranteed by Articles 4, 5 and 7 of the ~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~ ~ ~~ ~~~ African Charter on Human and Peoples' Rights. ~~~~~~~~ ~ ~~~~ ~~~~~~~~~ ~ ~~~~~ ~~~~~ ~~ ~~~~~~~~~ ~~ ~~~~~~~~~~ ~ ~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~ ~ ~~~ ~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~~~ ~~~~~~~~~ C. An order mandating the Defendant and/or its · ~~~ ~~~ agents to hmnediately release the plaintiff fron1 ~~~~~~ custody. ~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~ ~~ ~~~~~~~~~~~~ ~~~~ ~~~~~~~~~ ~~~~~~ ~~~~~ ~~~~~~~~~~~~~ D. US $5~000,000.00 (Five MiHion United States ~~~~ DoHars) being co1npensation for the violation of ~~~~~~~~ he-Applicant'-s-hum-an-i·ight~ri1J7Jiignity;-iiben-y---- ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ and fair hearing. ~~~ ~~~~ ~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~ ~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~~~~~ 4. The defendant was first se:rved on the 31 st May, 2007 ~~ ~~~~ ~~~~~~ with the application initiating the proceedings through its ~~~~ ~~~ I-Iigh Commission in Abuja, the capital city of the Federal ~~~~~ Republic of Nigeria, where the Court has its seat and also ~~~~~~~~ ~~ ~~~~~~~~ by registered mail. ~~ ~~~~~~~~~~~ ~~~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~~~~~ ~~~ ~~~ ~~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~ ~ ~ ~~ ~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~ ~ ~~ ~~~ ~~~ ~~~ ~~~ ~~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~ ~~~~~ ~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~ ~~~~~ ~~~~~~~ ~~ ~ ~~~~~~~~~~ ~~~~~ ~~~ ~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~~~~~~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~ through ~~~~~~~ The defendant failed to file a defence within the thirty day ~~~~ ~~~~~~~~~ ~~~~ period stipulated for the filing of a defence vvithout ~~~~~~ ~~~~~~~~~ assigning any reasons for the faBure. The Court served a ~~~~~~ ~~~ ~~~ ~~~~~~~~~ ~ ~~~ ~~~~~~~ ~~~~~~~~ hearing notice on its High the defendant ~~~ ~~~~ ~~~~~~~ ~~~ ~~~~ Commission in Abuja and by a registered n1ail on the 14th ~~~~~~~~~~~ ~~~~~ June, 2007. The defendant failed to appear in Court on the ~~~~~ ~~~ ~~~~ 16th July, 2007 vvhen the case vvas due for hearing. The Court adjourned the case to the 26th Sep,te1nber~ 2007 to ~~~~ ~~ enable the defendant enter an appearance and defend the ~~~~~~ ~~ ~~~~ action. A hearing notice was se:rved on the defendant on the ~~~~~~~~ ~ 19th July, 2007 through its High Co1mnission in A~buja and ~ ~~~ ~~~~~ ~~~~ by registered mail. Notvvithstandmg an the efforts of the ~~ ~~ ~~~~ Court in getting the defendant . to take part in the ~~~~ proceedings~ the defendant failed to enter an appearance or ~~~~~~~~~~~~~ ~~ to def end the action. Hence the case was heard on the 26th ~~ ~~~~~~~~ ~~~ ~~~~~~~ the participation of the of September 2007 without ~~ ~~~~ defendant. ~~~~~~~~~~ ~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~~~ ~~~~~~~ ~~~~ ~~~~~ ~~~~~ ~~~ ~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~~~~ ~~ ~~~~ ~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~ ~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~ ~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ Ho-vvever, by a letter dated the 23 rd August, 2007 addressed ~~~~~~~~~ to the President of the ECOVV AS Com1nission5 a copy of ~~ ~~~ ~~~~~~~~~ ~~ ~~~ ~~~~ ~~~~~~~ ~ ~~~~~~ ~~~~~ ~~ ~~~~ ~~~~~ ~~~~~~~~~~~~ ~~~~~~~~ ~ ~~~~ ~~~~ ~~ ~~ ~~~ ~~~~~~~~ vvhich was received by the Court on the 28th Septe:rnber ~~~~~~~ ~~~~ · 2-00'7, the defendant had decided not to ''participate or ~~~~~~ ~~~~ ~~~~~~~ ~~ ~~~~~~~~~~~~~~~~~~ ~end proceedings fixed for 26th-Septen1.ber 2007-:--'"9 ~~~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~ ~~~ ~~ ~~ ~~~ ~~~ ~~~ ~~~~ ~~~~~ ~~ ~ ~~~~~~ ~~ ~~~ ~~~~~ ~~ ~~~ ~~~~~~~~~~~ Due to a change in the composition of the panel 1nembers ~~~ on the case, the case had to be tried de novo. l\ hearing ~~ ~~ ~~ notice was accordingly sent to the defendant but again they ~~~~~~ ~~~~~ failed to enter appearance on the 26 th November 2007 when ~~~~~~ ~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~ the case was heard. Consequently the case proceeded to ~~~ ~~ trial without the participation of the defendant. ~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~ ~ ~~~~~~~ ~~~~ ~~ ~~~ ~~~~~~~~~ ~~~~~ ~ ~~ ~~~~~~~ ~~ ~~~~ ~~~~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ 5. SUMMARY OF THIE FACTS ~~ ~~ ~~~~~~ the According ~~~~~~~~~ ~~~~ application, ~~~~~~~~~~~~ ~~~~~ to ~~ facts contained ~~~~~ ~~~~~~~~~~ ~~~ in ~~ the plaintift' s ~~~ ~~~~~~~~~ ~ . 1. ~~ .. 11. ~~~ ~~ ~ ~~~~~~~~~ the Plaintiff is a cormnunity citizen by virtue of his ~~~ ~~~~~~~~~ ~~~~ nationality of the Republic of The Garnbia. ~~~~~~~~~~ The Plaintiff is a journalist with the Daily Observer ~~~ ~~~~~ ~~~ ~~~~~ nevvspaper based in Banjul, The Gambia. ~~~~~~~~~~ ~~ ~~~~~~ ~~ ~~~ ~~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~ ~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~~ ~~~ ~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ . lV . ~~~ ~ ~~~~~~~~~ 111. The Plaintiff vvas arrested by tvvo officials of the ~~~ ~~~~ National Intelligence Agency of The Ga1nbia at the ~ ~~~~~~~~ ~~~~~~~~~~~~ Daily Observer's premises in Banjul on July 11, ~~~~~ ~ ~ ~ 2006 vvithout any warrant of arrest. ~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~ The reasons for his arrest have not been disclosed ~~~ ~~~ ~~~ ~~~~~ ~~~ by the Government of The Gambia. ~~ ~~~ ~~~~~~~~~ Efforts by his family, friends and la,ryers to know ~~~~~~ his whereabouts or have access to him have proved ~~~ ~~~~~~~~~~~ ~~~~~~ futile . ~~~~~~~~ ~~~ ~~~~~~ ~ ~~~~~~~~ ~~~ ~~ ~~~~~~ ~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ V. ~ ~ ~~~ ~~ ~~~ ~~~~~~ ~~~ ~~~~~~~~~ ~~~ vi. Since his arrest the Plaintiff has been detained at the ~~~~~ ~~~ National Intelligence Pi_gency Headquarters, State ~ ~~~~~~~ ~~~~~~~~ Central Prison 5 I(artong Police Station, Sibanor ~~~~~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~~~~~ Police Station, I'Cuntaur Police Station and Fatoto ~~~~~~ ~~~~~~~~ Police Station. ~~~~~~ ~~~~~~~~~ ~~~ the co1nmission of any criminal offence. ~~~ ~~~~~~~~~~~ vii. The Plaintiff-has not been accused or charged with ~~~~ ~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~~ viii. The conditions under 'Which the Plaintiff is detained ~~~~~ ~~~ are dehumanizing as detainees are made to sleep on ~~~~ ~~~~~~~~~~~~~ bare floor in overcrovvded cells. ~~~~ ~~ ~~~~~~~~~~~ ~~~~~~ ~~~~~~~ ~~~ ~~~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~~~ ~~ ~~~~~ ~~~~~ ~~~~ ~~ ~~~ ~~~~ ~~~~~~ ix. The Plaintiff has been held in solitary confinement ~~~ ~~~~ ~~~~ ~~~~~~~~~ and denied access to adequate medical care. ~~~ ~~ ~~~~~~~~ x. The Plaintiffs Counsel's letter dated 16th March, ~~~~ ~~ 2007 demanding for the release of the Plaintiff was ~~~~ ignored by the Defendant. ~~~~~~~~ ~~~ ~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~ ~~~~~ ~~~ ~~~~~~ ~~ ~~~~~ 60 In line with Article 43 of the Court's Rules of Procedure, ~~ ~~~ ~~~~ ~~~~ the Court demanded that evidence should be introduced to ~~~ ~~~~ ~~ prove the facts, notvvithstanding the absence of the ~~~~~ ~~~~ defendant. ~~~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~~~~~~~ ~~~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~ ~~~~~~ ~~~ ~~~ ~~ ~~ 7. EVIDENCE OF VVITNESS.~S ~~ ~~~ ~~~ ~~~ ~~~ ~~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~ ~~~~~~ ~~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~ On the 26th of November, 2007, during the hearing the ~~ ~~~~ plaintiff called in three witnesses who testified on his ~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~ behalf. The first witness, (PVVl) Mr. Us1nan S. Darboe, a ~~~~~~~~ ~~~ ~ native of the Republic of The Gambia and the nevvs editor ~~~~~~ of the Daily Observer Nevvspaper said he vvas present at the ~~~~~ time the plaintiff vvas arrested. He stated that he has ~~~~ personally knovvn the Plaintiff for well over seventeen ( 17) ~~~~~~~~~~~~ ~~~~ ~ ~ ~~ years and has worked vvith him for seven (7) years. ~~~~~ According to him 9 on the 1 ~ th of July 2006~ while they were ~~~~~~~~~ ~~ ~~~ ~ ~ ~~ ~~ ~~~~~ ~~~~~ in the office, the Gambian Police came and a1Tested the ~~ ~~~ plaintiff. He further stated that he has not seen the plaintiff ~~~~~~~~~~ ~~ ~~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~~~~ ~~ ~~~ ~~~~ ~~~ ~~~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~ ~~~ ~~~ ~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~ ~ ~~~~~~~~~~ ~~~ ~~~~~~~~ ~~~ ~~~~ ~~~~ ~~~~ ~~ ~~~ ~~~~ ~~ ~~~ ~~~~~~~~~~ since his a1i.1rest, but as a journalist he made investigations ~~~~~ about hin1 in the course of his work and was infonned that ~~~~~~~~~~ ~~~ ~~~~ ~~~~~ ne plaintiff was de-Yainedat-Mtle-2-Centralrrison, Banj uL ~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ PWl also said that to the best of his knowledge the plaintiff ~~~ has not been charged with any criminal offence. PWl ~~~ stated that somethne during the latter part of July 2006 it ~~~~~~ ~~~ ~~ came to his knowledge that the plaintiff had been moved ~~~~ from the National Intelligence Agency (NIA) to Fatoto ~~~~ ~~~ Police Sation. ~~~~~~ ~~~~~ ~~~ ~~~~~~~~~~ ~~~ ~~ ~~~ ~~~~~~~~ ~~~~ ~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~~~ ~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~ ~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~~ ~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~~ ~~~~~~~ ~~~ ~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~ ~~ ~~~~ ~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~ ~- The second vvitness (PW2)~ Mr. Y aya Dampha is a ~~ ~~~ ~~ ~ journalist with the Foroyaa Nevvspaper based in The ~~~~~~~~~ Gambia. He stated that he knevv the plaintiff as both of ~~~~~~~ ~~~~ ~~ them vvorked as journalists in The Gambia. He mentioned ~~~~~ ~~ ~~~ that he does not knovv the whereabouts of the plaintiff ~~~~ presently but that he was informed of his m. Test in July ~~~~~~~~~~ 2006. PW2 continued that he last savv the plaintiff in ~~~~~ ~~ ~~ December 2006 after his office had a tip off that the ~~~~~~~~ ~~~~~ plaintiff had been moved froin the Central Prison in Banjul ~~~~~~~~~ ~~~ to an unkn.ovvn location. lie then embarked on a search ~~ ~~ mission and visited several prisons. He eventually saw the ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~ plaintiff in Fatoto Police Station vvhen the plaintiff was ~~~~~~~~~ ~~~~~~~ being escorted back to his ceH after a meaL Mr. Y aya ~~~~~ ~~~~ Damp ha further testified that the F oroyaa Newspaper ~~~~~~ ~~~~ published the arrest and detention of the plaintiff. This vvas ~~~~~~~~~ ~~~~ tendered as exhibit "A". The publication did not elicit any ~~~~~~~~ reaction from either the Police or National Intelligence ~~~~~~~~ Agency. ~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~~~~~ ~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~ ~~~~~~ ~~~ ~~ ~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~ ~~~~~~ ~~~~ ~~~ ~~~~~~~~ ~~~~~~~~ ~ ~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~ ~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~ 9. The third witness (PW3), Professor Kwame Karikari is a ~~ ~~~ ~~ ~ native of the Republic of Ghana and a professor with the ~~~~~~ ~ ~~~~~~~~~~~ ~~~~~ ~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~ ~~~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~ University of Ghana, Legon. He is the executive director of ~~~~~~~~~ ~~ ~~ an organization called the Media Foundation for West ~~~~~~~~~~~~~~ Africa which has correspondents in eacl1t of the nfceen ~~~~~ countries of ECOWAS. They monitor issues that concern ~~~~~~~~~ the media and press freedom. Professor K vva1ne Karikari ~~~ ~~ ~~~~~~~ ~~~~~~~~~~ does not know the Plaintiff in person, but as a journalist, ~~~~ who vvas working with the Daily Observer in The Gambia. ~~~~ The organization received information that the plaintiff had ~~~ ~~~~~~~~~~~ been a1Tested and detained vvithout any criminal charge( s) ~~~~ ~~~~~~~~ ~~ pref e1Ted against him in July 2006. This inf onnation vvas ~~~~~~~~~~ confirmed when they contacted other 1nedia 1inen in The ~~~~~~~~ Gambia. The Media Foundation contacted lawyers in The ~~~~~~~ Gambia to facilitate the release of the plaintiff but they ~~~~~~ ~~~~~ were advised that they could not obtain justice in The ~~~~~ Gambia so they should pursue the matter before the ~~~~~~~ ~~~~~~ Community Court of Justict\ ECOW AS. ~~~~~~~~ ~~~~ ~~~ ~~~~~~~~~ ~~ ~ ~ ~~~~~~~~~~ ~~ ~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~ ~~~~ ~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~ ~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~~ ~~~~ ~~~~ ~~~~~~~ ~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~ ~~~~~ 1 ~t The evidence of these witnesses stood uncontroverted. ~ ~~ ~~~ ~~~~~~~~~~ Even after the evidence of these witnesses, the Court by a ~~~~ ~ ruling, gave another opportunity to the defendant to attend ~~~~~~~ the next session to cross-examine the vvitnesses, and to ~~~ ~~ present their side of the story, if they so desired, but they ~~~~~~~~ ~~~~~~ still failed or refused to attend. It is manifestly clear the ~~~~~~~~~~~~~ ~~ ~~~~~~~~ defendant does not desire to be heard, so the trial proceeded ~~~~~~~~~ in default. ~~ ~~~~~~~~ ~~~ ~~~~~~ ~~ ~~ ~~~~~~ ~~ ~~~ ~~~~~ ~~~~~~~~~~ ~~~ ~~~ ~~~~~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~ ~~ ~~~~~~~~~~ ~~~~~~~~~~~~~ ~~ ~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~ ~~~~ ~~ ~~~~~~~ ~~~~~~ ~~~ ~~~~ ~~~~ ~ ~~ ~~~~ ~~ ~~~~~ ~~~~~~~ ~~~~ ~~~ ~~~ ~~ ~~ ~~~~~ ~~ ~~~~ ~~~~ 11., The facts to the Court for determination are in respect ~~~ ~~~ of the violation of Articles 2, 6, and 7(1) of the ACI-IPR, ~~ ~~~ the individual freedom, related ~~~~~~~ ~~~ ~~~~~~~~~~~~ prohibition of aH forms of arbitrary detention. ~~ ~~~ ~~~~~ ~~~~~~~~~~~ ~~ ~~~ ~~~~~~ fair hearing and ~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~~~~~ to ~~ ~~~ ~~~~~~~~~~~~ ~~~ ~~ ~~~~~~~ ~~ ~~~~~~~~ ~~ ~~ ~~~ ~~ ~~~~~~ ~~~~~~~~ ~~~~ ISSUES FOR JJ:llETJERM]J.¾TATliON - - J1-SS1tY-:!E:--1 ~ WI11[·ETI9fElt ____ THE--JtR:11tlE§T ___ A-N·D ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IDETEN'fIOI~ OF lrlHIE PLAINTIFF IS JUSTIFIED ~~~~~~~~~ ~~~~~~~~ UNDER TirIJE AFIDCAN CHARTER ON l1IUMAN ~~~~~ AND PJEOPLES 9 RIGHTS ~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~ ~~ ~~ ~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~~ 12. The competence of the Com1nunity Court of Justice in ~~~ ~~~ ~~ applications filed by individuals arises from Articles 9 ( 4) ~~~~~~~~~~~~ ~ ~~~~ of the 1991 Protocol and 10 (d) of the Supple1nentary ~~ ~~ Protocol on the Court of Justice. They provide: ~~~~~~~~~ ~~ ~~~~~~~~~ ~~~~ ~~~~~~~~~~~~~~ ~~ ~~~~ ~~~~~ ~~~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~ ~~~~ ~~~ Autii~le ~ ( 4/,) The Court has jurisdiction to deterrnine cases ~~~~~~~ of violation of human rights that occur in any ll4e1n ber ~~ ~~~~~~~~~~ ~~~~~~~ ~~~~ State. ~~~~~~ ~~~ ~~~~~~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~ AJrticlie 10 ( d) Access to the Court is open to individuals on ~~~~~~~ ~~ ~~~~~~~~~~~~~ ~~~ ~~ ~~~ ~~~~~ application for relief for violation of their human rights. ~~~~~~~~~~~ ~~~~ ~~~~~~ ~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~~ ~ ~ ~~~ ~~~~~~ ~~~~~~~ ~~ ~~~~ ~~~~~~~~~~~ These provisions enable an individual to access the Court ~~~~~ ~~~ ~~~~~~~~~~ directly in human rights issues, and to give the Court the ~~~~~~~~ ~~~~~~ ~~ ~~~~ competence to entertain such applications. ~~~~~~~~~~ ~~~~~ ~~~~~~~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~ ~~~~ ~~~~ ~~~~~~~ ~~~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~~ 13. The ·application of the Plaintiff 'Vvas primarily premised ~~~ ~~~ on Article 6 of the African Charter on Human and Peoples' ~~ ~~~~~ ~~~~~~~~ ~ Rights which reads as foUows : ~~~~~~ ~~~~~ ~ ~~ ~~~~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~ ~~~ ~~~ ~~~~~~~~~~ Every individual shall have the right to liberty and to the ~~~~~ security of his person. No one may be deprived of his ~~~~~~~~ ~~~ ~~~ freedo,n except for reasons and conditions previously laid ~~~~~~~ ~~~ ~~~~~~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ down by law. 17'!1l_p_rm,r~f:£JJJJff({JJlf', U1JJ[}) ~~~~ ~~ @rf!'e§teli or efj_g_Tt@#Jra4 (E1nphasis added). ~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~ ~~~~~~~~~~~~ ~~ ~~~~~~ ~~~ ~~~ rJJrrne ~~~~ l/1J1},{!)J]J be flzr1bitlf'r»rrri!J!. ~~~~~ ~~ ~~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~ ~~ ~~ ~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~ 14. Article 4(g) of the Revised Treaty of the Economic ~~~ Cormnunity of VVest African States (ECO)Vv AS) provides ~~~~~~~~~ for the recognition, pro:n.notion and protection of human and ~~~ ~~~ ~~~~~~~~~~~~ peoples' rights in accordance with the provisions of the ~~~~~~~ ~~~~ African Charter on Hu1nan and Peoples' Rights. ~~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~ ~ ~~~~~~~ ~~ ~~~~~ ~ ~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~ ~~~~~~ ~~~~~~ ~~ ~~~~~ ~ ~~~~~~ ~~~~~~~ ~~~ ~~~~~~ ~~ ~~~~~~~ 15. The effect of Article 6 of the African Charter on B[u1nan ~~~ ~~~ and Peoples' Rights as stated above is that no one shaH ~~~ have his right to Hberty lin1tii.ted oir :restricted unless it is in ~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~ ~~ ~~ ~~~ accord with a lavv previously laid doV\rn. In other vvords, the ~~~~~~~ ~~~~~ ~ ~~~~ ~~~~~~~~~~~ law under vvhich a person is arrested and / or detained must ~~~ have been valid and in force, before or at the time of such ~~~~ ~~~~~ arrest and / or detention. ~~~~~~ ~~~ ~~~~ ~~~~~~~~ ~~ ~~~~~ ~~ ~~~~~~~ ~~~~~~ ~~~~~~~ ~ ~~~~~~ ~~ ~~~~~~~~~ ~~~ ~ ~~ ~~~~~~~~~~~ ~~ ~~ ~~~ ~~~~ ~ ~~ ~~~~~~~~~ ~~ ~~~~~~~ ~~ ~~~~ ~~~ ~~~ ~~ ~~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~~ ~~~~~~ ~~~~~~~ Plaintiff alleges that his rights under Article 6 of the ~~~~~~~~~ ~~~~~~ African Charter on IIuman and Peoples' Rights have been ~~~~~~~ ~~~ violated and therefore the intervention of this Court is ~~~~~~~~ ~~ justifiable under Article 9 ( 4) of the Protocol of this Court, ~~~~~~~~~~ as amended. ~~ ~~~~~~~~ ~ ~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~~~~ ~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~ ~~~~ ~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~~ ~~ ~~~~~~~ 160 This Court in the case of Allktrm,ffi Ht1UffJ: __ 1m1uJJni Tidj(l},ni v ~~~ ~~~~ ~ Tlie Federtal Rep1141/Jffic of Nigertia & 4 Otherts, Suit No. ~~~~ ~~~~~~~~ ~~~~ JECW/CCJ/APP/@1/(1))6, judgment delivered on the 281t1ru ~~~~~~~~~~~~~~~~~~ ~~~ ~~~ ~~~~ Junne 2([)07 held that the combined effect of Article 9( 4) of ~ ~~~ ~~ ~ ~ ~~ the Protocol of the Court, as am.ended 5 Article 4(g) of the ~~~ ~~~~~~~~ Revised Treaty and Article 6 of the African Charter on ~~~~~~~~ ~ Human and Peoples' Rights is that the Plaintiff m,ust ~~~~~ ~~~~ ~~~ ~~~~~~~~ ~~ ~~~~~ ~~~ ~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ ~ ~ ~~ ~~~~~~ ~~ ~~~~~~ ~~~ ~~~~~~ ~~~~~~~~~~~ ~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~ ~~~~~~~~~~~~ invoke the Court's jurisdiction by (i) establishing that there ~~~~~~~ ~~~~~ ~~~~~~ is a right recog-r1ized by Article 6 of the African -charter on ~~~~~ ~~~~~~~~~~~~~~~~~~ ~~~ I=lun1-an and---Peoples 9-rugnts-;--(ti:)-rhat--Yhis righl~een ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ violated by the defendant; (iii) that there is no action ~~~~~~~~ pending before another international Court in respect of the ~~~~~~~ ~~ ~~~~ alleged breach of his right; and (iv) that there was no ~~~~~~~ previously laid dovvn lavv that led to the alleged breach or ~~~~~~~~~~~~ ~~~~ ~~~~~ abuse of his rights. ~~~~~ ~~~~~~~~ ~~~~ ~~~~ ~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~ ~~~~ ~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ]. 7. In this case, applicant aHeges his right has been violated ~ ~ ~ ~~ ~~~~ ~~~~~ ~~~~~~~~~ under Article 6 of the ACHPR and seeks an end to be put to ~~~~~~ ~~~~~~ ~~~ ~~ ~~~ ~~ it, and this is vvhat was done by hearing the witnesses. ~~~ ~~~ ~~~~ ~~~~~~ ~~ ~~~ ~~~~ ~~ ~~~~~ ~~~ ~~~~~ ~~ ~~~~~~~ ~~~~ ~~~~~~~~~~~ ~ ~~ ~~~ ~~~~~ ~~~~~ ~~~~~~~~ ~~~~ ~~~~~ ~~~ ~~~~~~~ ~~ ~~~~ ~~~~ ~~~~~~~ ~~~ ~~~ ~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~ ~~~~~~ ~~~~~~~~~ ~~ ~~~~ ~~~~~~ ~~~ ~~~~~~~~~~ ~~~~ ~~~~~~~ ]_~- Plaintiff witness 1 (PWl) stated that he was present ~~~ vvhen the plaintiff vv1as arrested by tvvo security operatives ~~~~~ of the Republic of The Gambia in the office of the Daily ~~ ~~~ Observer Newspaper where they both vvorked. PWl fiu1:her ~~~~~~~~~ ~~~~ stated that though the Policemen were not in official ~~~~~~ ~~~~~~~~~~ uniforms, he knew they vv-ere police officers because he ~~~~~~~~~ personally knew one of the1n, one Corporal Sey, fro1n the ~~~~~~~~~~ ~~ ~~~~~~ National Intelligence Agency. ~ ~~~~~~~ ~~~~~~~~~~~~~ ~ ~~~~~~~~~~ ~~~~ ~~~~~ ~~~~~ ~~~ ~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~ ~~~~~~~ ~~~~~~~~~ ~~~~ ~~~ ~~~~~~~~~~~~~ 19. Furthe1more, the arrest of the plaintiff was confirmed ~~~ ~~~~~~~~~~~~~ ~~~ ~~~~~~~ ~~ ~~~~ ~~~~~~~~~ by Professor I1<. vvame Karikari, plaintiff vvitness 3 (PW3). ~~ ~ ~ He stated that his organization, the Media Foundation for ~~ ~~~ West Africa raised an 'alert, in order to get confirmation ~ ~~~ ~~~~~~~ about the arrest of the plaintiff vvhen it came to their notice. ~~~~~~ ~~~~ ~~~~~ PW3 stated that the arrest of the plaintiff vvas confirmed. ~~~ PW3 also stated that his organization 1nade the necessary ~~~ enquiries in order to secure the release of the plaintiff but ~~~~~~~~~ they were told that it was ilnpossible because of the ~~~~ ~~ ~~~~~~~ ~~~ ~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~ ~~ ~~~ ~~~~~~~~~ ~~~~~ ~~~~ ~~~ ~~~~~~~~~~~~ ~~~~~~~ ~~~~ ~~~ ~~ ~~~~~ ~~~~~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~ ~~~~~ ~~~~~~~~ ~ ~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ ~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~~~ ~~ ~ ~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~ ~~~~ ~~~~~~ ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~ conditions prevailing at The Gambia at the time. They were ~~~~~~~~~~ ~~~~~~ therefore advised to pursue the matter at the Community ~~~~~~~~~~ ~~~ Coutt of-Justice-;-Eeo-w1t3-~-The conduct of-the plaintif--r--- ~~~~~~~~~~~~ ~~~~~ which a1nounted to a criminal offence for vvhich he was ~~~~~~ an. Tested was not disclosed to him., neither vvas he told of the ~~~~~~~~ law which made that conduct a crime. PWl stated that ~~~ plaintiff was held incommunicado after his arrest and has ~~~~~~~~~ ~~~ ~~~~~~~ ~~~~ ~~~~ since been detained without trial, neither has he been ~~~~~ charged with the com1mission of any crin1inal offence ~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ knovvn to the law of the Republic of The Gambia. ~~~~~ ~~ ~~~ ~~~~~~~~ ~~~~ ~~ ~~~~ ~~ ~~~ ~~~ ~~~~~~~~ ~~~ ~~~ ~~ ~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~ ~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~ ~~~ ~~~ ~ ~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~~ ~~~ ~~~ ~~~~ ~~~~ ~~ ~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~ ~~~~~~ ~~~~ ~~~~ ~~~~ ~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~ ~ ~~~~~~~ ~~~~ ~~~ ~~~~~~~~~ 20t Plaintiff witness 2 (PVV2) in his evidence stated that he ~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~ ~~~ saw the plaintiff at the Fatoto PoHce Station during his ~~~ ~~~ visits to several police stations when his firm, F oroyaa ~~~~~~ Nevvspaper got a tip-off that the plaintiff had been moved ~~~~~~~~~~ from the Central Prison to an unlmown destination. PW2 ~~~~ fu1iher stated that though they f ollovved the case of the ~~~~~~~~ ~~~~ plaintiff and other detainees, they vvere not arraigned before ~~~~~~~~~ ~~~ ~~~~ court vvithin the seventy=tvvo hours stipulated by The ~~~~ Gambian Constitution for detainees to be brought before ~~~~~~~ ~~~ ~~~~~~~~~~ court, and that the plaintiff till date has not been brought ~~~~~~ ~ ~~~~~~~~ ~~~~ ~~~~~ ~~~ ~~~ these facts stand before court to his lmovvledge. Pll.11 ~~~~~~ ~~~~~ uncontrove1ied, and they appear credible so the Court ~~~~~~~~~~~~~~~~ ~~~~~~~~ accepts them. ~~~~~~~ ~~~~~ ~~~ ~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~~~ ~ ~~ ~~~ ~~~~~~~ 21 . Article 7 of the African Charter on Huinan and Peoples' ~ ~ ~ ~~~~~~ ~~~~~~ ~ Rights is very instructive with regards to the treatment of ~~~~~~ ~~ people once they have been arrested. Article 7(1) of the ~~~~~~ . African Charter on Hun1an and Peoples' Rights stipulates ~~~~~~~ ~~~ thus: ~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~~ ~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~ ~~ ~~~~~ Every individual shall have the right to have his cause ~~~~~ heard. This con1prises: { a) the right to an · appeai to ~~~~~~ ~~ competent -national organs against-ac1s-75J violating hzs ~~~~~~~~~~~ fundaw,ental 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 defence, ~~~~~~~~~ ~~~~ ~~~~~ ~~~ ~~ including the right to be defended by counsel of his choice; ~~~~~~~~~ ( d) the right to be tried within a reasonable tirne by an ~~~ ~~~ impartial court or tribunal. ~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~ ~~ ~~~~~~~~~~ ~~ ~~~ ~~~~~~~~ ~ ~~~~~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~ ~~ ~~~~~~~~ ~~~~~~~ ~~ ~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~~~~~~~~~~~~~~~~~~ ~~~ ~~~~ ~~~~~ ~~~~~~~ ~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~~~ ~~~~~~ ~~~~ ~~~~~ ~~~~~~ ~ ~ ~ ~ ~~~~~~~ ~~ ~ ~~~~~~~~~~ ~~~~ ~~~~~~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~ ~~~~~ ~~ ~~ ~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~~~~~~~~~ Article 7(1) clearly states that every individual shaU have ~~~~~ the :right to have his cause heard and this co1nprises a1nong ~~~ ~~~~~~ ~~ ~~~~ other things the right to be presmned innocent until proven ~~~~~~ ~~~~~~~~ ~~~ ~~~~~~ ~~ ~~ ~~~~~~~~~~ guilty by a co1npetent couli or tribunal, the right to defence, ~~~~~ including the right to be def ended by com'lsel of his choice ~~~~~~~~~~ and the right to be tried within a reasonable time by an ~~~ impartial court or tribunal. Fron1 the evidence of PV\/1, the ~~~~~~~~~~~ ~~~~~ plaintiff has been denied the right to have his cause heard ~~~~~~~~~ by an impartial court or tribunal as the defendant has failed ~~ ~~~~~~~ to put him before such a competent impartial court or ~~ ~ ~~~~~~~~~ tribunal for his guilt or innocence to be established. ~~~~~~~~ ~~~ ~~~~ ~~~~~ ~~ ~~~~~~~~ ~~ ~~ ~~~~~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~ ~~ ~~~~~~~~~~ ~~~~ ~~ ~~~ ~~~~~~~~~~ ~~ ~~~ ~~~~~~~ ~ ~~~~~~~~~~~~ ~~ ~~~~~~ ~ ~~~ ~~~~~ ~~~~~~~ ~~~ ~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~ ~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~~~ ~~~~ ~~~~~~~ ~~~~~~~~~ ~ ~~~~~~~~ ~~ ~~~ ~~~ ~~~~~~~~~~ ~~~ ~~~~~ ~~~~ ~~ ~~~~~~~~~ ~~ ~~~ 22. The plaintiff was arrested on the 11th July 2006 and has ~~~ ~~~ since been detained without trial and no crhninal offence ~~~~~ knovvn to the lavv of the Republic of The Gambia has been ~~~~~~ levelled against him for a period exceeding one year. ~~~~~~~~ Holding a person for over a year without trial vvill be an ~~~~~~~ um·easonable period unless proper and distinct justification ~~~~~~~~~~~~ is provided. ~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~ ~~~~~ ~~ ~~~ ~~~~~ ~ ~~~~ ~~ ~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~~~~~~~ ~ ~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~ ~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~~~~~ 23. From the fore going, it is clear that the arrest and ~~~ ~~~~ · · tleteution of the plaintiff is contrary to the rules enshrined in ruticles --15- and 7---c-1-:r of-the African -Charter on··--itunnan ~~ ~~~~~~~~~ and Peoples' Rights. ~~~ ~ ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~ ~~ ~~ ~~~~~~ ~~~~ ~~~~~~~~~~~~~~~~~ ~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~~ ~~ ~~~~~~~~ 2: WHETHER THE PLJ-\INl'IFF ~~ ~~~ IS ISSUE ~~~~~ ~~ EN1r:[TJLED TO I-IA VE :[qr]:§ IKUM.fi1. N RJIGii!:TS TO ~~~~~~~~ ~~~~ 1fI8fE DIGNIFY OlF TEE PEJRSOI~~ JPERSOI~AL ~~~ LIBERTY AND FREEDOM OF MOVEMENT ~~~~~~~ RESTORED ~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~ ~~ ~~~~~~ ~~~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~~ ~~~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~~~~ ~~~~ ~~~~~ ~~~~~~~~~~~~~~~~~~ 24. The fundamental hulinan rights of the individual have ~~~ been guaranteed by various hun1.ffi'1 rights instrmnents. ~~~~ ~~~~~~~~~~~~~~~~ Alnong the core rights guaranteed by these various human ~~~~~~ rights instruments, including the African Charter on Human ~~~~~~ ~~~~~~~~~~~~~ and Peoples' Rights are the right to Hfe and the integrity of ~~~ the person, personal liberty, freedolin from torture and other ~~~ ~~~~~~~~ ~~~~~~~~~ inhulinan and degrading treatment and the right to political ~~~~~~~ ~~~ ~~~~~~~~~ or any other opinion. ~~ ~~~~ ~~~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~ ~~~~~ ~~ ~~~~ ~~~ ~~~~~~~ ~ ~~~~~~~~ ~~~ ~~~~~~~~~ ~~~ ~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~ ~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~ ~~ ~~ ~ ~~~~~ 25. Article 2 of the African Charter on Human and Peoples' ~~~ ~~~~~~ ~~~~~~ Rights affirms the recognition and protection of the basic ~~~~~~ ~~~ ~~~~~~~~~~~ ~~~~~~~~~~ rights of the individual. Article 2 states that ~~~~~~~ ~~ ~~~~ ~~~~~~~~~~~ ~ ~~~~~~~ ~~~~ ~~ ~~~~~~ ~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~ ~~~ ~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~~~ Every individual shall be entitled to the enjoyment of the ~~~~~ ~~~~~~~~ ~~ ~~~ rights and freedoms recognized and guaranteed in the ~~~~~~ ~~~ present Charter ·without distinction of any kind such as ~~~~~~~ ~~~~~~~~~~~ ~~ race, ethnic group, color, sex, language, religion, political ~~~~~ or any other opinion, national and social origin, fortune, ~~ ~~~ ~~~~~ ~~~~~~~~ birth or other status. ~~~~~ ~~ ~~~~~ ~~~~~~~ ~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~ ~~~~~~~ ~ ~~ ~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~ ~~~~~~~ 26. Article 6 of the African Charter on Biuman and Peoples' ~~ ~ ~~~~~~~ ~ -Rights clearly states that the individual shaU have the right ~~~~~~ ~~~ ~~~~~~ ~obis ttberty and personal- freedom, vvith----Yhe proviso t1(Jlat ~~ that right may only be limited or restricted for reasons and ~~~~ ~~~~~ ~~~ conditions previously laid doV\rn by lavv. ~~~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~~~~ ~ ~~~~~~ ~~~~ ~~~~ ~~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~~~~~~ ~~ ~~ ~~~ ~~~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~ ~ ~~ ~~~ ~~ ~~~~~~ ~~~ ~~~~~~~~~~ It is clear fro1n the provisions of Article 6 of the African ~~ ~~ ~~~~~ Charter on Human and Peoples' Rights that there is a ~~~~~~ ~~~~~~~~ ~~ ~ presumption of innocence in favour of the liberty of the ~~~~~~~~~~~ individual. Therefore, any infringement on the liberty of the ~~~~~~~~~~~ ~~~~~~~~~~~~ individual must clearly be in confonnity with reasons and ~~~~~~~~~~~ conditions previously laid dovvn by lavv, otheirwise any such ~~~~~~~~~~ deprivation or hmitation of the liberty of the individual ~~~~~~~~~~~ ~~ ~~~ cannot be sustained. ~~~~~ ~~~~ ~~~~~~ ~~ ~~~~ ~ ~~~~~~~~~~ ~~ ~~~~~~~~~~~~ ~~~~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~~~ ~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~~~ 2 7. From the facts of the present application, which facts ~~~ ~~~~~~~ have not been disputed, the plaintiff vvas arrested vvithout a ~~~~~ ~~~ ~~~~ ~~~~~~~~~ ~ ~~~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ warrant of arrest. The reason for the arrest of the plaintiff ~~~~~~~ has not been communicated to hhn. He has been detained ~~~ since his arrest vvithout any criminal charges being levelled ~~~~~ ~~~ ~~~~~ against him. ~~~~~~~ ~~~~ ~~~~ ~~~~~~~ ~~ ~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~ ~~ ~~~~~~~~ ~~~ ~~~~~~~~~~~~~ ~~ ~~~~~ ~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~~ ~~~~~ ~~~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~ ~~~~~ ~~ ~~~~~~~~~~~ He has not been arraigned before any court of competent ~~ ~~~~~~~ jurisdiction in order to ascertain his guih or innocence. This ~~~~~~~~~~~~ is clearly contrary to the provisions of Articles 2 and 6 of ~~ ~~~~~~~ the African Cha1ier on Human and Peoples' Rights which ~~~ ~~~~~~~ dictate that every individual, regardless of race, ethnic ~~~~~~~ group, colour, sex, religion, political opinion or other like ~~~~~~ distinction shall have the right to liberty and to the security ~~~~~~~~~~~ ~~~ ~~~~~ ~~ ~~~~~ of his person in the absence of any reasons and conditions ~~ ~~~ ~~~~~~~ previously laid down by law. ~~~~~~~~~~ ~~~~ ~~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~ ~~~~ ~~~~~~~ ~~ ~~~~~~ ~~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~ ~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~ ~~~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~ ~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~ ~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~~ 2~. The defendant refused to appear to defend this claim. ~~~ Since the defendant has failed to establish that the arrest ~~~~~~~~ andaetention of-the7)1aintiff vvas in accord vvit1r-i tne----- ~~~~~~~~~~ ~~~~~~ ~~~~~~~ provisions of any previously laid down law, the plaintiff is ~~~~~~~~~~ ~~ entitled to the restoration of his personal liberty and the ~~~~~~~~ ~~~~ ~~~~ ~~ ~~~ security of his person. ~~~~~~~ ~~~~~ ~~~ ~~~~~~~~~ ~~ ~~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~ 3: WlE[ETJBIER ~~ ~~~~~~~~ IS ISSUE ~~ ~~~~~ ENTITLED TO MONETARY COMPENSATION IN ~~~~~~~~ THE SUlVlI OF US$ 5 9ij@0 9@QMJtO(O (FIVE MILLION US ~~~ ~~ ~~ DOLLARS) ~~~~~~~~ PLAINTIFF ~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~ Til-liE ~~~~ ~~~~~~~~ ~~~~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~~~~~~~~~~~~ 29. Compensation that is given to a party that has been ~~~ wronged in a legal action is refe1Ted to as da1nages . ~~~~~~~ ~~ ~~~~~~~~~ ~~ ~~ ~~~~~~~~~~ ~~ ~ ~~~~~ ~~~~~~ ~~ ~ ~~~~ ~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~ ~~~ ~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~ ~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~~ lost wages, Generally speaking, there are three kinds of da111ages: ~~~~~~~~~ ~~~ special damages, general damages, and punitive damages. ~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ the enumerable or quantifiable Special dan1ages are ~~~~~~~ ~~~ ~~~~~~~~ ~~~~ monetary costs or losses suffered by the plaintiff. For ~~~~~~~~ ~~~~~~~~ ~ ~~ exa1nple, medical costs, repair or replacement of damaged ~~~~~~~~~ loss of propert-y, ~~~~ ~~~~~~~~ business, loss of irreplaceable items, loss of support, etc. ~~~~~~~~~ ~~~~~ Special damages have to be specifically pleaded and proved ~~~~~~~ ~~~~~ ~~~~~~~~~~~ in order for them to be awarded. This is compensation for ~~ ~~~~~~~ ~~~ ~~~~~ ~~~ losses that can easily be quantified and proved. The loss of ~~~~~~ ~~~~ ~~ a plaintiffs income as a result of an unlawful detention for ~ ~~~~~~~~~ ~ ~~~~~~ ~~ ~ ~~~~~~~ ~~ ~~ ~~~~~~~ ~~~ instance can easily be proved and claimed accordingly as a ~~~~~~~~ ~~ ~ special damage. ~~~~~~~ ~~ ~~~~~~~~~~~~ lost earning potential, ~~~~ ~~~~~ ~~ ~~~~~~~~~~~~~~ ~~ ~~~~~~~~~~~~ ~~ ~~ ~~~~~~~~ ~~ ~~~~~~~~~ ~~ ~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~ ~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~ ~~~~~~~ Where the amount claimed for da1nages is quantified in the ~~~~ ~~ ~~~ claim, the plaintiff is required to introduce facts to justify it. ~~~~~~ ~~~ However, the plaintiff failed to plead and prove any ground ~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~~~ ~~ ~~~~~ ~~~ ~~~~~~~~~ ~~ ~~~~~~~~ ~~~~~ ~~ ~~~~~~ ~~ ~~~~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~ ~~~ ~~~~~ ~~~~ ~~~~~~ under which the amount ought to be awarded. In the ~~~~~ ~~~~~ absence of any proven losses vvhich vviU justify the award · ~ ~~~~~~~ of special da1nages, no special~la1nages win-be avvardeITthe ~~ ~~~~~~~~~~~~~~~~~ plaintiff. ~~~~~~~~~~ ~~ ~~~~~~~~~~~~~~~~~ ~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~ ~~ ~~ ~~ ~~~~ ~~ ~~~ ~~~~~~~~ ~~~ ~~~~~ ~ ~~~~~~~~~~ ~~ ~~~~ ~~~~~~~~~ 30. General damages are items of harm or loss suffered, for ~~ ~ ~~~~~~~~ ~~~~ which only a subjective value may be attached. Examples ~~~~~ of this might be pain, physical suffering, emotional trauma ~~ ~~~~ ~~~~~ or suffering, loss of companionship, loss of consortium, ~~~ ~~~~~~~~~~ disfigurement, loss of reputation, loss or in1.painnent of ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~ mental or physical capacity, loss of enjoyn1ent of life, etc. ~~~~~~~ ~~ ~~~~~ ~~~~ ~~~~ ~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~ ~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~~~~~~ ~~~~~~~~ ~~~~ ~~~~~~~~~~ ~~~ 316 Generally, punitive damages are not awarded in order ~~~ ~~~~~~~~~~~ to compensate the plaintiff, but in order to reform or deter ~~ ~~~~~~~~~~~ ~~ ~~~~~~ the defendant and similar persons fron1. pursuing a course ~~~ ~~~~~~~~~ of action such as that which damaged the plaintiff. Punitive ~~ ~~~~~~ ~~~~~~~ damages are awarded only in special cases. ~~~~~~~~ ~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~ ~~ ~~~~ ~~~~~ ~~ ~~~~~~ ~~ ~~~~~ ~~~~~~ ~~~~~~~~ ~~~~ ~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~ ~~~~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~ ~~~~ ~ ~~~ ~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~ ~~ ~~~ ~~~~~~~~ 32. Having concluded in Issues 1 and 2, above, that the ~~~ plaintiffs right to his personal liberty has been abused, the ~~~~~~~~~~ ~~~~ plaintiff is entitled to some damages for the wrongs that he ~~~~~~~~~ ~~ ~~~~~~~~ ~~~~~~~ is has suffered. The amount of damages, however, ~~~ ~~ ~ dependent on the facts of this application and the relevant ~~~~~~~~~ ~~~~~ ~~ ~~~~ ~~~~~~~~~~~ rules governing the avvard of damages. ~~~~~ ~~~~~~~~ ~~~ ~~~~~~ ~~~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~ ~~ ~~ ~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~~~~ ~~~~~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~~~~ ~~~~ ~~~~~~~~~~ Learned Counsel for the plaintiff prayed this honourable ~~~~~~~ ~~~~~~~~~ Court to award the sum of $5,000,000.00 (Five Million US ~~~~ ~~ ~~~~~~~~~~~~~ Dollars) as compensation to the plaintiff for his unlavvful ~~~~~~~ ~ ~~ ~~~~~~~~~~~~ ~~ ~~~ an·est and detention. Counsel stated that the essence of this ~~~~~~ ~~~ ~~ ~~~~ Court awarding such a substantial amount is to deter other ~~~~ Men1ber States of the Community from engaging in ~~~~~~~ ~~~~~~~~ ~~ violations of the hu1nan rights of Community citizens ~~~~~~~~~~ ~~~~~~ ~~~~ ~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~~~~ ~ ~~~~~~~~~~~ ~~ ~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ contrary ~~~~~~~ - international law. ~ ~~~~~~~~~~ ~~~~ ~~~~ ~ to ~~ their obligations under domestic ~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~ and ~~~ ~~~~ ~~~~~ ~~~~~~ ~~ ~~~ ~~~~~~~ ~~~~ ~~~~~ ~~~~~~~~~~ ~~ ~~~~~ Counsel urged this Court to avvard some punitive damages ~~~~~~~ ~~ ~~~~~~ in favour of the plaintiff in order to deter governments of ~~ ~~~~~~ Member States froin infringing on the rights of Community ~~~~~~ citizens with impunity. However, as stated earlier, punitive ~~~~~~~~ damages are awarded only in limited circumstances as it is ~~~~~~~ ~~ ~~ ~~ not awarded to compensate the plaintiff but to deter the ~~~ ~~~ defendant and others fro1n very reprehensible behaviour. ~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~ ~~~ ~~~~~~~~~~~~~~~~ ~~~~~ ~~~~~~~~~ ~ ~~~~~~~~ ~~~ ~~~~~~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~ ~~ ~~~~ ~~~~~ ~~~~~~~~~~~~~~ 33. Although this Corn1i is not bound by the precedents of ~~ ~ ~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~ other international courts, it can draw some useful lessons ~~~~~ ~~ ~~~ from their judgments, especiaHy when the issues involved ~~~~ are sin1ilar: in other words, such decisions can be of ~~~~ ~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~ persuasive value to this Cou1li. ~~~~~~~~~~ ~~~~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~~ ~~ ~~~~~ ~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~~~ ~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~ ~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~~~ ~~ ~~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~ 34. The European Court of liuurnan Rights has avvarded ~~ ~ ~~~ ~~ ~~~~~~ damages to successful plaintiffs whose hu1nan rights were ~~~~~~~ ~~~~~~~~~~~ ~~~~~~~ violated by various govermnents of the European Union. In ~~~~~~~~ Ahmed Sebwu;M£1f1J,i V Strmte of Fr@u12ce {20@5] CI-IR 237, the ~~~~~~~ ~~ ~~~~~~~ European Court of Human Rights awarded darrnages to the ~~~~~~~~~ ~~~~~~ plaintiff who established to the satisfaction of the Court ~~~~~~~~~ ~~ ~~~ that the treatn!}ent meted out to him by the French ~~~~ ~~~ authorities a1lnounted to torture~ inhu1nan and degrading ~~~~~~~~~~~ ~~~~~~~~ treatment contrary to the provisions of Article 25 of the ~~~~~~~~~ ~~~~~~~~~~ European Convention for the Protection of Human Rights ~~~~~~~~ ~~~~ ~~~~ ~~~~~~~~~~ ~~~~~~~~~~ and Funda1lnental Freedon1s. ~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~~ ~~~~~~~~ 35. The European Cou1li of Human Rights shnHarly ~~~ ~~ awarded da1nages to the plaintiff in the case of JJ(li,roslav ~~~~~~~ Cenlu1u1ier V RepMZ"iblic of Cr0><{)Jtia [2005] CHR 429 when ~~~~~~~~ ~~ ~~~~ ~~~~~~~~~ ~~ ~~~~~~~~~ ~ ~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~~ the Court held that he had been treated in a vvay that ~~~ -- viula:ted Article 25 ofthrtEuropean Convention on Human ~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ ~~~~~ ~~~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~ ~~~~~~~~ Rights. ~~~~~~ ~~~ ~~~~ ~~ ~~~~~~~~~~~~~ ~~~~ ~~~~ ~~~~~~~~~ 360 l\f otwithstanding the fact that the European and the ~~~ Inter-American Courts have been in existence for long, ~~~~~~ ~~~~~~~ there is no record available to us that shovved that any of ~~~~~ ~~ them had awarded punitive dam.ages in a hun-ian rights ~~~~ cause. ~~~~~~ ~~ ~~ ~~~~ ~~~~~~~~~ ~~~~~~~~~ ~ ~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~ ~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~ ~~~~~ ~~~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~ ~~~ ~~~~~~~~ ~~~ ~~~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~~ ~~~~~ ~~~ ~~~~ 3 '7. In the European Court of Human Rights, applicants first ~ ~ ~ ~~ ~~~ ~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~~~ ~~~~~ argued for the award of punitive da1nages in the case of ~~~~~~ ~~ Silver @lful Otlhu!Jr§ v. U1J1tiuted J(iTJ1Jgdoura, 5 EJFlLRoRo 347, 61 ~~~~~~ Emtire Cu:o HoRe (§(elfe A) . This case vvas refe1Ted to the Court ~~~~ in March 1981 by the European Cormnission of Human ~~ ~~~~~ Rights. The case originated in seven applications against ~~~~~~~ the United Kingdo1n of Great Britain and Northern Ireland ~~~ ~ ~~~~~ lodged with the Commission on various dates between ~~~~~~ ~~~ 1972 and 1975 . ~~~~ ~~~ ~~~~ ~~~~ ~~~~~~~~ ~~ ~~~ ~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~ ~ ~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~ ~~ ~ ~~ ~~~~~~~~~ ~~ ~~~~~ ~~ ~~~~~ ~~~ ~ ~~ ~ ~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~ ~ ~ ~~~ ~~~~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~ ~ ~~~~~~~~~ ~~ ~ ~~~~~~~ ~~ ~~~~~~~~~ ~~~ ~~~~~~~~~ ~~~~ ~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~~~~~ The applicants complained that the stopping by the prison ~~~ authorities of a nu1nber of letters vvritten by or addressed to ~~~~~~~~~~~ ~~ them constituted a violation of Aliicles 8 and 13 of the ~~~~ European Conventi~n of Human Rights and asked for ~~~~~~~~ ~~~~~~~ ~~~ general damages for violation of their rights. In addition, ~~~~~~~ three of the applicants claimed punitive damages against ~~~~~ the govermnent of the United Kingdo1n. Among the issues ~~~ for determination by the Court was vvhether the acts ~~~ ~~~~ complained of by the applicants amounted to a violation of ~~~~~~~~~~ ~~ their rights under Articles 8 and 13 and whether the ~~~~~~ ~~~~~~ ~ applicants were entitled to the dainages sought, including ~~~~~~~~~~ that of the punitive damages. ~~~~~ ~~ ~~~ ~~~~~~~~ ~~ ~~ ~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~ ~~ ~ ~~~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~ ~~ ~~~ ~~~~ ~~~~ ~~ ~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~~~ ~ ~~~ ~ ~~~ ~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~ By judgment of 25 March 1983, the Court held that the ~~ ~~~~~ ~~~ stopping by the prison autho-rities of a number of letters ~~~~~~~~~~~~~ written by or adaressed to tne applicantsnaa given rise to ~~~~~~~ ~~~~ ~~ violations of Articles 8 and 13 of the Convention. The ~~~~~~~~~~ Court, however, denied the request for punitive damages, ~~~~~ without discussing the merits or otherwise in the claimQ The ~~~~~~~ attitude of the Court in the case cited above clearly ~~~~~~~ indicated that the Court was not in favour of awarding ~~~~~~~~~ punitive da1nages in a human rights cause such as the one ~~~~~~~~ that was before them. ~~~~ ~~~ ~~~~~~ ~~~~ ~~ ~~~~~~ ~~ ~~~ ~~~~~~ ~~ ~~~~~~~~~~ ~~~~ ~~~~~~~~ ~~~~~~~~~~~~ ~~~~ ~~~~~~ ~~ ~ ~~~~~ ~~~ ~~~~~~ ~~~~~~~~~~ ~~~~ ~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~ ~~~ ~~ ~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~ ~ ~~ ~~ ~~ ~~ ~~~~~~~~~~ 38. In All11ll4(1ti#eva aJJJi11,d Arn([})tffp,,er v Sou{!hwafj,r/k London ~~~ ~~~ ~~~~~~~~ Bo1rl[)J11AI!iv, CourncU; R {Mauru11b({!J,$ugs(,JJ,) v Secrrelfary of State ~~~~~~~~ for th,e Hon1u! Office; R(N) v Secret1D11rr ([})f Sa({!J,te fort the ~~~ Ho1Jt1Ue Office [2@([])4] QB 11124 it was held that ~ ~~~~ ~~~~ ~~~~~ ~ ~~~~~~~~~~~ ~~~~~~~~~~~~~ ~ ~~~~~~~~~ ~~~~~~~ ~~ ~~~~ ~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~ ~~~~~ ~~~~~~~ ~~~~~~ ~~ ~~~ ~ ~~~ ~~~~ ~~~ ~~~ ~~~ ~ ~ ~~ ~~~~~~~~ ~~~~~~~~~~~ "Where an irifringement of an individual's human rights ~~~~~~ has occurred, the concern will usually be to bring the ~~~ ~~~~ ~~~ irifringement to an end and any question of compensation ~~~~~~~~~~~ ~~~ ~~~ will be of secondary, if any, importance. " ~~~~ ~~ ~~ ~~~~~~~~~ ~~ ~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~ ~~~~ ~~~~~~ ~~~~~~ ~~ ~~ ~~ ~~ ~~~~~ ~~~ ~~~ ~~ ~~ ~~~ ~~~~~ ~~~~~~~~~~~ ~~~ ~~~ ~ ~~~ ~~~~~~~~~~~~~~~ This point was emphasized in R(Grreerafield) v Secretarry of ~~~~ ~~ State for tlfue Home Dep@1duv11e1Jit [2005] ·u][{__g_qL 14, where ~~~~~ Lord Bingham noted that the focus of the Convention is on ~~~~ the protection of human rights and not the award of ~~~ ~~~~~~ compensation. ~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~ ~~~~~~~~~~~~ ~ ~~~~~~~~~ ~ ~~ ~~~~~~ ~~~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~ ~~ ~~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~~~~~ ~~~~ 39. Thus it is clear that the object of hun1an rights ~~ ~ ~~~~ ~~~ instruments is the termination of human rights abuses and ~~~~~~~~~~~ taken place, in cases where ~~ ~~~~~ restoration of the rights in question. Compensation is ~~~~~~~~~~~ ~~ the abuse has already ~~~ ~~~ ~~ ~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~ ~~~ ~~ ~~ ~~ ~~ ~~~~ ~~~~~~ ~~~~~~ ~~~~~~~ ~~ ~~~~~ ~~ ~~~~~ ~~~~~~~~~~ ~~ ~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ ~~~~~~ ~~~~~~~~~~~~~~~~ ~~~ avvarded in order to ensure bbjust satisfaction" and no n1-ore. ~~~~~~~~~ ~~~~~~~ It is not the object of human rights instruments, · including ~~ ~~~~~~~~~~~ t11\e7\frican Charter on Human and~es9-Rignfson ~~~ which this application is premised to award punitive ~~~~~ damages against offenders of the instruments. This by no ~~~~~~~ ~~ ~~~ means deprives a successful hu1nan rights victim from ~~~~~ claiming monetary con1pensation in appropriate cases, ~~~~~~~~ particularly where special damages are pleaded and proven ~~~~~~~~~~~~ ~~~~~~~ at the trial. ~~ ~~~ ~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~ ~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~ ~~ ~~ ~~~ ~~~ ~~~~~ ~~~~~ ~~ ~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~ ~ ~~ ~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~ ~~~~~~~ ~~ ~~~~ ~~~~ ~~ ~~~~ ~ ~~~~ regard ~~~~~~ to general damages, ~~ ~~~~~ the peculiar 40. VVith ~~ ~ ~~~ circumstances of this case vvould be taken into account. ~~~~~~~~~~~~~ ~~~~ ~~~~~~ Plaintiff vvas arrested on the l 1th day of July, 2006 and has ~~~~~~~~~ since been detained. I-fe has not been charged vvith any ~~~~~ criminal offence and has not been put to trial before any ~~~~~~~~ court of competent jurisdiction. B[e has not even been told ~~~~ for his arrest. He has been held of the ~~ ~~~ ~~~~~~ ~~~ incommunicado. Plaintiff is a joun1_alist who was working ~~~~~~~~~~~~~~ and living a normal life before he was arrested and ~~~ ~~~~~~ detained. The Court considers an award of compensation to ~~~~~~~~~ ~~ be justified in these circuinstances. ~~ ~~~~~~~~ ~~ ~~~~~~~~~ reason ~~~~~~~ ~~ ~~~~~~~~~~~~~ ~~ ~~~~~ ~~~~~~ ~~ ~ ~~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~~ ~~~~ ~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~ ~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~ 41. DECISION ~~~ ~~~ ~~~~ ~~~~~ ~~~~~~~ ~~~~~~~~ ~~ ~~~~ ~~~~~~ ~~~~~~~~~~~~~~~ ~~ ~~~ ~~~~~~~~~~~ The Court has found that the applicant was arrested on 11 th ~~~ ~~~~ ~~~ ~~~~~~~~~ ~ ~ ~~ July 2006 by the Police Force of The Gambia and has since ~~~~~ ~~~~ been detained incommunicado, and without being charged. ~~~~ He has not been told the reason for his arrest, let alone the ~~ ~~~~ fact that it was in accord with a previously laid dovvn law. ~~~~ ~~~~ ~~ ~~~ ~~~ ~ The Court holds these acts clearly violate the provisions of ~~~ ~~ Articles 2, 6 and 7(1) of the African Charter on Human and ~~~~~~ ~~~~~~~ ~~~~ ~~~~ ~~~~~~ ~~~ ~~~~ ~~~~~~ ~~~ ~~~~~~~~~~ ~~~~ ~~~~~~~ ~ ~~~~~~~~~~ ~~~~ ~~~~~ ~~~~ ~~~~~ ~~ ~~~~~~ ~~~ ~~~~~ ~~~ ~~~~ ~~ ~ ~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~~~~~~ ~~ ~~~~~ ~~~~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~~~~ Peoples' Rights. Furthermore, in view of the fact that these ~~~~~~~~ ~~~ ~~~~ ~~~~ ~~~~~ ~~~~~~ ···· ·viulations ·of ·a-p7Pfrcant's human rights·we-re caused·bythe ~~~~~~~~~~~ def endant;-vvnich refused to appear inCourt, it enthles th_e _ _ ~~~~~~~~~~~~~~~ applicant to damages. Pwd the Court considers that this ~~~~~~~~~ ~~~ ~~~~ violation should be terminated and the dignity of the ~~~~~~~~~ applicanf s person is to be restored. ~~~~~~~~~~~ ~~ ~~ ~~ ~~~~~~~~~ ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~ ~~ ~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~ ~~ ~~ ~~~~ ~~~~~~~~~ 42. COSTS ~~~~~~~~~ ~~ ~~~~~~~~ . The plaintiff is adjudged to be entitled to the costs of this ~~~ ~~ ~~~~ application to be borne by the defendant, as vvill be ~~~~~~~~~~~ assessed, under and by virtue of Article 66 of the Court's ~~~~~~~~~ ~ Rules of Procedure. ~~~~~ ~~~~ ~~~ ~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~ ~~ ~~~~~~ ~~~~~~~~ ~~ ~~~ ~~ ~~~ ~~ ~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~ ~~ ~~ ~~ ~~ ~~ 43. REASONS ~~~ ~~~~ ~~~~~ ~~~~~~ ~~~~~~~ ~~~~~~~~ ~~ ~~~~~~ ~ ~~ ~~~~ ~~ ~~~~~~~~ ~~~ ~~~~~~~~ ~~~~~ ~~~~~~~ ~~ ~~~ ~~~~~~~~ For these reasons, the Community Court of Justice, sitting ~ ~~ ~~~~~ in public at'Ler hearing the applicant, in the absence of the ~~ ~~~~~~ ~~~ ~~~~~~~~~~ ~~ ~~~ defendant who refused to appear, in first and last resort, ~~~~~~~~~~ considering Ali:icle 4 (g) of the Revised Treaty, as wen as ~~~~~~~~~~~ ~ ~~~ ~~ ~~~ ~~~~~~~ ~~ Articles 2, 6 and 7(1) of the African Charter on Human and ~~~~~~ ~~~~~~~ Peoples' Rights, and also the Supplementary Protocol of ~~~~~~~~ ~~ the Cou1i and the Court's Rules of Procedure, declares this ~~~ ~~~~~ ~~~~ application to be admissible in human rights and the Court ~~~~~~~~~~~ enters judgment for the plaintiff against the defendant, who ~~~~~~~ ~~~~~~~~ is liable for this violation. ~~ ~~~~~~ ~~~ ~~~~ ~~~~~~~~~~ ~~~~ ~~~ ~~~~~~~~~ ~~~~~~~ ~~~~~~ ~ ~~ ~~~~ ~~ ~~ ~~~~~~~~~~ ~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~ ~~~~~~~~~~ ~~~~ ~~~~~~~ ~~~~~~~ ~~~ ~~~ ~~~~~~ ~~~~ ~~~~~ ~~~ ~~~~~ ~~ ~ ~~~ ~~ ~~~~~ ~~~~~~~~ ~~~~~~~~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ ~~~ 440 ORDERS Consequently, the Court orders ~~ ~~~~ ~~~~~~ (i) that the Republic of The Gambia releases Chief Ebrimah ~~~ ~~~~ ~~~~ ~~~~~~~~ IV!anneh, plaintiff herein from unlawful detention without ~~~~~~~ any-frrrtrer-delayup-orrr-being served vvit11 a copy of7:his ~~~~~ judgirnent; ~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~~~ ~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~~~ ~~~~~ ~~~~~~~~~~~~~~~~~~ (ii) that the human rights of the plaintiff be restored, ~~~~ ~~~~~ ~~~~ ~~~~~~ ~~ especially his freedo1n of movement; ~~~~~~~~~~ ~~ ~~~~~~~~~~~ ~~~ ~~~~~~~~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~ ~~~ ~~ (iii) the Republic of The Gambia pay the plaintiff the sum ~~~~~ ~~~~ ~~~~~~~~ of one hundred thousand United States Dollars (US ~~ ~~~~~~~~ ~~~~~~~~ $100,000.00) as darmages; ~~~~~~~~~~~~ ~~~ ~~~~~~~~~~ ~~~ ~~ ~~~~~~~~ ~~~~~~~~ ~~ ~~~ ~~~~~~ ~~~~~~ ~~~~~~ ~~~ ~~~ ~~~ ~~~ (iv) the defendant to pay the costs of this action to be ~~~~ ~~~ assessed. ~~~~~~~~~~ ~~~~~~~~~ ~~ ~~~~ ~~~~~~~ ~~ ~~~ ~~~~~ ~~~ ~~ ~~ Done in Abuja this 5th Day of June, 2008. I-Ion. Justice Anthony A. Benin - Presiding Hon. Justice Awa Nana Daboya - Member I-Ion. Justice Tall El-Mansour l\ftr. Tony Anene-Maidoh Chief Registrar 0, Q. A_ ~ ~ ~ ~ ~~ ~ ~~~~~~~~~ ~~~~~~~~~ ~~~~~~~~ ~~~~~~~~~~~~~~~~~~~ ~~~~~ ~~ ~~~~ ~~~~~~ ~~