Day: January 29, 2024

The ECOWAS Court has mandated the Republic of Senegal to reform Article 109 of its Organic Law governing the Commission for the Compensation of Persons Unreasonably Detained on Remand.

The judgement orders Senegal to align a portion of the law with its international commitments, particularly that under the African Charter on Human and Peoples’ Rights (ACHPR).

In Suit ECW/CCJ/APP/36/21, the Applicants had alleged the violation of their human rights, specifically violations of the right to fair trial, the right to be tried within a reasonable time as well as for breaches of the principle of equality before the law.

Justice Sengu Mohamed Koroma, a Judge Rapporteur, In the judgment delivered by the Court, declared a violation of the right to a fair trial and the right to be tried within a reasonable time under Article 7 (1) (d) of the ACHPR.

 It also declared a violation of the principle of equality of citizens before the law under Article 4 of the ACHPR.

Consequently, it awarded each Applicant, Mouhamed Ra
ssoul Ndiaye and Alassane Lo, Fifty Million Francs (50,000,000 CFA) CFA as reparation for the violation of their right to a fair trial, right to be tried within a reasonable time as well as for breaches of the principle of equality before the law.

However, it declared there was no violation of the presumption of innocence as guaranteed under Article 7 (1) (b) of the ACHPR.

The Applicants asserted that they were arrested on December 12, 2023, facing criminal conspiracy and murder charges, and another unspecified crime.

Despite being acquitted by the First Criminal Chamber of the High Court of Dakar in judgment on July 16, 2019, they claimed to have been detained for eight years, leading to the collapse of their business and severe hardship for their families.

They initiated proceedings with the Compensation Commission after their acquittal, seeking compensation by the Organic Law of the Supreme Court.

Despite meeting eligibility criteria, their compensation application was denied, unlike others in similar
situations.

 The Applicants alleged a violation of their fundamental rights guaranteed by the Senegal Constitution and relevant human rights conventions.

Senegal’s Defense challenged the notion that the detention length alone constituted a rights violation, emphasizing the case’s complexity.

It also denied any official role in media leaks about the investigation.

Addressing the extended pre-trial detention, the Court found that Senegal did not provide a satisfactory justification neither did it present a legal basis, thus infringing upon the fair trial rights guaranteed by Article 7 (1) (d) of the ACHPR.

However, it rejected the Applicants’ claim of a presumption of innocence violation, citing insufficient evidence that the leak stemmed from an official source, albeit the Respondent.

The Court did determine that Article 109 of the Organic Law violated the ACHPR’s fair trial standards and equality under the law as outlined in Articles 7 (1) and Article 4, respectively.

As such, it ordered the amendment
of the law to meet Senegal’s international obligations.

Claims regarding the right to compensation from the Compensation Commission of the Respondent were dismissed on grounds of jurisdictional competence. The Applicants had sought Five Hundred Million Francs CFA each for alleged rights violations.

Regarding reparation rights from the Compensation Commission, Senegal said there were two criteria: long detention and an abnormal and particularly serious prejudice endured while in detention.

The Respondent argued that they were not compensated because they did not give evidence of the prejudice suffered. 

It also added that the Compensation Commission did not require a reason to deny compensation and therefore did not violate the Applicants’ rights.

The Respondent State called for the dismissal of the Applicants’ claims as unsubstantiated.

Other judges on the panel were Justices Dupe Atoki (Presiding) and Ricardo Cláudio Monteiro Gonçalves.

Source: Ghana News Agency

By Stephen TADAHA

A young girl in Bafang, Upper Nkam division of the West Region, has lost her life after falling into the trap of a scammer.

The lady whose only name we got was Christine, reportedly received an SMS on her phone indicating she was credited a sum of money, an undisclosed amount.

‘ After receiving a fake Mobile Money cash-in message on her phone, Christine was called by somebody who pretended to have mistakenly sent the money to her. The individual pleaded with her to return the amount sent. This is how Christine innocently returned the money before discovering later that her account had been emptied’ A close source recounted.

After noticing she had been scammed, she decided to report the matter to the police station where she was asked to write a complaint. At the police station, the student was sent to the secretariat where she suddenly collapsed when the complaint was being written.

Informed of the situation, the police did not take action, saying she must be epileptic and that she wou
ld regain consciousness shortly, but she was later declared dead by medics on that Saturday, January 27, 2024.

Her anger caused a cardiorespiratory attack which caused her death according to the same sources.

Christine was an Agribusiness Engineering student at a private institution.

Several Cameroonians have been duped by this scamming method where fake messages are being sent to subscribers after knowing the amount of money they have in their mobile money accounts.

Source: Cameroon News Agency

Dr Godfred Seidu Jasaw, the Member of Parliament (MP) for the Wa East Constituency, has called for a thorough investigation into alleged military brutality meted out to the people of Manwe and Goripie communities in the constituency.

He called on the Defence and Justice Ministers to ‘take an interest in this matter’ since the brutalities had shifted from ‘mining sites to brutality of innocent community members.’

Dr. Jasaw made the call in a statement copied to the Ghana News Agency (GNA) in Wa, in reaction to an alleged military invasion of the two communities on Thursday, January 25, 2024.

‘It has come to my attention that these communities, known for their peaceful existence, were targeted under the guise of addressing illegal mining activities.

‘How come the mining sites themselves were not targeted but soldiers decided to go into the communities to seize motorbikes of innocent community members amid the firing of gunshots?

‘We are not in a jungle and so our citizens must be treated with respect and
dignity. I call on you to investigate this incident and return all seized property immediately’ the MP said.

The statement said motorbikes belonging to the newly elected Assemble member and a Unit Committee Member of the Manwe Electoral Area were also seized when they approached the soldiers to urge restraint.

While condemning the actions of the military officers in no uncertain terms, Dr Jasaw said he had been informed that such acts had happened recently and ‘in some cases, monies exchanged hands before such seized properties were released.’

The statement indicated that such actions not only violated the rights of the individuals involved but also contributed to the breakdown of trust between the military and the civilian population.

The statement stressed that it was imperative that the rights and dignity of all individuals were respected, and every action taken by security forces should be in line with the law.

The statement said it was unfortunate that the Upper West Regional Minister and the Wa Eas
t District Chief Executive (DCE) were both ‘claiming innocence’ about the incident.

Dr Jasaw called on the members of the affected communities to exercise restraint while he engaged the necessary stakeholders to ensure justice was served.

Source: Ghana News Agency

By Eratus Ndueh

The Cameroon Human Rights Commission (CDHC) has issued a press release in response to allegations of human rights violations involving a Cameroonian citizen, which are currently circulating on social media. The allegations include attacks on the right to life, physical and moral integrity, sexual assault, kidnapping and sequestration, and sexual harassment impacting dozens of people.

However, as the allegations are anonymous, the CDHC noted that they cannot be dealt with as they should. Typically, the Commission would receive the allegations, interview the applicants, examine the evidence, and hear from the alleged victims, accused, and witnesses. The CDHC encouraged the alleged victims to contact them via their toll-free number, 1523, to enable the commission to carry out investigations.

The CDHC also acknowledged a complaint filed by a Cameroon citizen with the Public Prosecutor at the Court of First Instance of Douala-Bonanjo calling for an investigation into individuals for defamation,
complicity, and death threats.

The CDHC urged competent authorities to investigate the allegations impartially and take the requisite legal measures based on the findings and will be closely monitoring developments. As allegations of human rights abuse in Cameroon continue to surface, many are calling for urgent intervention to curb the violation of fundamental human rights of citizens.

Recently, several women complained of being raped and abused by businessman Herve Bopda, who is accused of running a serial rape cartel in Cameroon. The news was first shared by a whistleblower and social media Activist popularly called ‘Nzui mantou’. Dozens of testimonies were shared including a Facebook Live show that saw more than a hundred thousand watching.

Apart from the Commission, Lawyers and rights groups have called on State prosecutors to investigate the allegations.

Source: Cameroon News Agency

The Greater Kumasi Metropolitan Area Sanitation and Water Project has, as of the end of 2023, built 10,917 household toilet facilities in the operational areas.

So far, the project has constructed 16,720 toilet facilities since its inception in late 2020.

This represents 56 per cent of the targeted 30,000 household toilets to be constructed by the end of December 2024.

Mr. George Asiedu, Project Coordinator, GKMA-SWP, briefing the Ghana News Agency in Kumasi, was optimistic that the team would complete a total of 13,280 in 2024 to achieve the project’s goal.

The government of Ghana, acting through the Ministry of Sanitation and Water Resources, received US$125m from the World Bank towards the implementation of the GKMA-SWP with the objective of ‘increasing access to improved sanitation and improved water supply in Greater Kumasi, with emphasis on low-income communities, and to strengthen the management of environmental sanitation.

The project was first implemented in eight municipalities in the greater
Kumasi but has been partially extended to about eight other peripheral communities to enhance and improve sanitation in the region.

Mr Asiedu said the team would work hard to construct an average of 1,022 household toilets every month this year to expedite the project plans.

Components of the project include increasing access to sanitation services in priority low-income areas; and supporting the provision of household toilets, school, and healthcare sanitation facilities.

Every eligible low-income household will be supported with 70 per cent of the cost of household toilets.

Again, the project supports the expansion of the water distribution network in GKMA to provide piped water to an estimated 150,000 people living in low-income urban communities.

About 120 km of pipeline will be laid and 10,000 new households will be connected to Ghana Water Company Limited’s (GWCL) water system.

The other component is to support the improvement of sanitation services, including wastewater and septic sludge manageme
nt investments, planning liquid waste management and drainage, and investment in bio-digester sludge processing plants.

Source: Ghana News Agency