johnson c republique du ghana requete n 0162017 2019 afchpr 7 28 mars 2019

johnson c republique du ghana requete n 0162017 2019 afchpr 7 28 mars 2019

The application is inadmissible because the same matter—mandatory death penalty for murder in Ghana—was previously determined by the UN Human Rights Committee, which constitutes a settlement of the case under Article 56(7) of the African Charter. The fact that Ghana did not implement the Committee's findings does...

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Citation
johnson c republique du ghana requete n 0162017 2019 afchpr 7 28 mars 2019
Parties
Applicant: Dexter Eddie Johnson; Respondent: Republic of Ghana
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Judgment on Admissibility
Outcome
Application declared inadmissible
Legal Topics
Death Penalty, Right to Life, Prohibition of Cruel, Inhuman or Degrading Treatment, Right to Fair Trial, Admissibility of Applications, Non Bis in Idem
Source Language
en
Human Rights Law Criminal Law Death Penalty Right to Life Prohibition of Cruel, Inhuman or Degrading Treatment Right to Fair Trial Admissibility of Applications Non Bis in Idem

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Parties

Dexter Eddie Johnson

Applicant

Republic of Ghana

Respondent

Procedural Posture

Human Rights Application / Judgment on Admissibility

  1. 1 Whether the mandatory death penalty violates the right to life, prohibition of cruel, inhuman or degrading treatment, and right to fair trial under the African Charter and other instruments
  2. 2 Whether the application is admissible given prior determination by the UN Human Rights Committee

Ratio Decidendi

The application is inadmissible because the same matter—mandatory death penalty for murder in Ghana—was previously determined by the UN Human Rights Committee, which constitutes a settlement of the case under Article 56(7) of the African Charter. The fact that Ghana did not implement the Committee's findings does not affect the res judicata effect. The Court cannot examine a matter already settled by another international body with jurisdiction.

Court Disposition

Application declared inadmissible

Orders

  • Court declares itself competent
  • Application is declared inadmissible by majority