forum of conscience v sierra leone communication 223 of 1998 2000 achpr 22 6 november 2000

forum of conscience v sierra leone communication 223 of 1998 2000 achpr 22 6 november 2000

The denial of the right of appeal to the executed soldiers constituted a breach of due process under Article 7(1)(a), rendering their execution an arbitrary deprivation of life in violation of Article 4 of the African Charter.

Citation
forum of conscience v sierra leone communication 223 of 1998 2000 achpr 22 6 november 2000
Parties
Complainant: Forum of Conscience; Respondent: Government of Sierra Leone
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
6 November 2000
Procedural Posture
Communication (human Rights Complaint) / Decision on Merits After Admissibility
Outcome
Violation found
Legal Topics
Right to Life, Right to Fair Trial, Military Justice, Appeal Rights, Due Process
Source Language
English
Human Rights Law Military Law Right to Life Right to Fair Trial Military Justice Appeal Rights Due Process

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Parties

Forum of Conscience

Complainant

Government of Sierra Leone

Respondent

Procedural Posture

Communication (human Rights Complaint) / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether the denial of right of appeal to the executed soldiers violated Article 7(1)(a) of the African Charter
  2. 2 Whether the execution of the soldiers without due process constituted arbitrary deprivation of life under Article 4 of the African Charter

Ratio Decidendi

The denial of the right of appeal to the executed soldiers constituted a breach of due process under Article 7(1)(a), rendering their execution an arbitrary deprivation of life in violation of Article 4 of the African Charter.

Court Disposition

Violation found

Orders

  • Finds the Government of Sierra Leone in violation of Articles 4 and 7(1)(a) of the African Charter on Human and Peoples' Rights.