ajavon c republique du benin requete n0132017 2019 afchpr 6 28 novembre 2019

ajavon c republique du benin requete n0132017 2019 afchpr 6 28 novembre 2019

The Court found that the respondent State violated the applicant's rights to equal protection, fair trial, presumption of innocence, property, and political participation, and that these violations caused material and moral harm to the applicant and his family. The Court awarded pecuniary and non-pecuniary...

Source-derived case information.

Citation
ajavon c republique du benin requete n0132017 2019 afchpr 6 28 novembre 2019
Parties
Applicant: Sébastien Germain Ajavon; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application Before the African Court on Human and Peoples' Rights / Final Judgment on Reparations
Outcome
Application for reparations partially granted; counterclaim by respondent dismissed.
Legal Topics
Right to Fair Trial, Presumption of Innocence, Non Bis in Idem, Right to Property, Freedom of Expression, Judicial Independence, Political Rights, Compensation for Human Rights Violations
Source Language
en
Human Rights Law International Law Right to Fair Trial Presumption of Innocence Non Bis in Idem Right to Property Freedom of Expression Judicial Independence +2 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sébastien Germain Ajavon

Applicant

République du Bénin

Respondent

Procedural Posture

Human Rights Application Before the African Court on Human and Peoples' Rights / Final Judgment on Reparations

  1. 1 Whether the respondent State violated the applicant's rights to a fair trial, presumption of innocence, property, and political participation; whether the applicant is entitled to pecuniary and non-pecuniary reparations; whether the respondent must amend national laws and lift administrative measures taken against the applicant and his companies.

Ratio Decidendi

The Court found that the respondent State violated the applicant's rights to equal protection, fair trial, presumption of innocence, property, and political participation, and that these violations caused material and moral harm to the applicant and his family. The Court awarded pecuniary and non-pecuniary reparations, ordered the lifting of administrative and financial sanctions, and required legislative amendments to comply with international human rights standards.

Court Disposition

Application for reparations partially granted; counterclaim by respondent dismissed.

Orders

  • Respondent to pay applicant a total of 36,330,420,947 CFA francs for material and moral damages, including losses from business, depreciation of shares, bailiff fees, and travel expenses.
  • Respondent to pay applicant's wife 15,000,000 CFA francs and each of his three children 10,000,000 CFA francs for moral harm.