abubakar v ghana communication 103 of 1993 1996 achpr 3 31 october 1996

abubakar v ghana communication 103 of 1993 1996 achpr 3 31 october 1996

Detention of the complainant for seven years without charge or trial constitutes a violation of Articles 6 and 7.1(d) of the African Charter on Human and Peoples' Rights. The facts do not establish a violation of the right to return to his country under Article 12.2.

Citation
abubakar v ghana communication 103 of 1993 1996 achpr 3 31 october 1996
Parties
Complainant: Alhassan Abubakar; Respondent: Republic of Ghana
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
31 October 1996
Procedural Posture
Human Rights Communication / Decision on Merits
Outcome
violation found
Legal Topics
Arbitrary Detention, Right to Liberty, Right to Fair Trial, Right to Return to Country
Source Language
English
Human Rights Law International Law Arbitrary Detention Right to Liberty Right to Fair Trial Right to Return to Country

Case Brief

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Parties

Alhassan Abubakar

Complainant

Republic of Ghana

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits

Legal Issues

  1. 1 Whether the complainant's detention without trial for seven years violated the African Charter on Human and Peoples' Rights
  2. 2 Whether the complainant's right to return to his country was violated

Ratio Decidendi

Detention of the complainant for seven years without charge or trial constitutes a violation of Articles 6 and 7.1(d) of the African Charter on Human and Peoples' Rights. The facts do not establish a violation of the right to return to his country under Article 12.2.

Court Disposition

violation found

Orders

  • Government urged to take steps to repair the prejudice suffered by the complainant.