johnson c republica do gana processo no 0162017 2019 afchpr 7 28 marco 2019

johnson c republica do gana processo no 0162017 2019 afchpr 7 28 marco 2019

The application is inadmissible because the same parties and issues were previously resolved by the UN Human Rights Committee, fulfilling the non bis in idem principle under Article 56(7) of the African Charter. Admissibility requirements are cumulative; failure to meet one renders the application inadmissible.

Source-derived case information.

Citation
johnson c republica do gana processo no 0162017 2019 afchpr 7 28 marco 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 Competence and Admissibility
Outcome
application inadmissible
Legal Topics
Mandatory Death Penalty, Right to Life, Prohibition of Cruel, Inhuman or Degrading Treatment, Fair Trial, Exhaustion of Local Remedies, Admissibility Criteria, Non Bis in Idem
Source Language
en
Human Rights Law Criminal Law Mandatory Death Penalty Right to Life Prohibition of Cruel, Inhuman or Degrading Treatment Fair Trial Exhaustion of Local Remedies Admissibility Criteria +1 more

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Summary, issues, holding and outcome

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Parties

Dexter Eddie Johnson

Applicant

Republic of Ghana

Respondent

Procedural Posture

Human Rights Application / Judgment on Competence and Admissibility

  1. 1 Whether the mandatory imposition of the death penalty violates the applicant's rights under the African Charter and other international 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 parties and issues were previously resolved by the UN Human Rights Committee, fulfilling the non bis in idem principle under Article 56(7) of the African Charter. Admissibility requirements are cumulative; failure to meet one renders the application inadmissible.

Court Disposition

application inadmissible

Orders

  • Court declares it has jurisdiction.
  • Court declares the application inadmissible by majority.