paul v benin communication 199 of 1997 2004 achpr 58 4 june 2004

paul v benin communication 199 of 1997 2004 achpr 58 4 june 2004

The undue prolongation of the complainant's case before the Appeal Court of Cotonou constitutes a violation of Article 7(1)(d) of the African Charter, as the right to be tried within a reasonable time was not respected.

Citation
paul v benin communication 199 of 1997 2004 achpr 58 4 june 2004
Parties
Complainant: Odjouoriby Cossi Paul; Respondent: Republic of Benin
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
4 June 2004
Procedural Posture
Human Rights Complaint / Decision on Merits After Admissibility
Outcome
Violation found
Legal Topics
Right to Fair Trial, Right to Property, Access to Justice, Delay in Judicial Proceedings
Source Language
English
Human Rights Law Right to Fair Trial Right to Property Access to Justice Delay in Judicial Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Odjouoriby Cossi Paul

Complainant

Republic of Benin

Respondent

Procedural Posture

Human Rights Complaint / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether the prolonged delay before the Appeal Court of Cotonou constitutes a violation of the right to be tried within a reasonable time under Article 7(1)(d) of the African Charter
  2. 2 Whether the complainant's right to property under Article 14 of the African Charter was violated

Ratio Decidendi

The undue prolongation of the complainant's case before the Appeal Court of Cotonou constitutes a violation of Article 7(1)(d) of the African Charter, as the right to be tried within a reasonable time was not respected.

Court Disposition

Violation found

Orders

  • Republic of Benin to ensure the complainant’s appeal is determined by the Court of Appeal as quickly as possible
  • Republic of Benin to pay appropriate compensation for damages suffered by Mr Odjouoriby Cossi Paul due to the unduly prolonged proceedings