ajavon v benin application no 0132017 2019 afchpr 12 29 march 2019

ajavon v benin application no 0132017 2019 afchpr 12 29 march 2019

The Court found that the Respondent State violated the Applicant's rights to a fair trial, including the right to be tried by a competent court, the right to defence, the right to be informed of charges, the right to be represented by counsel, the right to presumption of innocence, the right to two-tier jurisdiction, the right to property, the right to equal protection of the law, and the right to the independence of the judiciary. The Court held that the establishment and operation of CRIET, the administrative actions against the Applicant's companies, and the conduct of criminal proceedings were in breach of the African Charter and international human rights standards.

Citation
ajavon v benin application no 0132017 2019 afchpr 12 29 march 2019
Parties
Applicant: Sebastien Germain Ajavon; Respondent State: Republic of Benin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
29 March 2019
Procedural Posture
Application (merits) Before the African Court on Human and Peoples' Rights / Judgment on Merits
Outcome
Application allowed in part; violations found; reparations to be determined at a later stage.
Legal Topics
Right to Fair Trial, Right to Property, Right to Liberty and Security, Right to Dignity and Reputation, Non Bis in Idem, Equality Before the Law, Independence of the Judiciary, Right to Two Tier Jurisdiction, Presumption of Innocence, Right to Defence, Right to Be Informed of Charges, Right to Access Case File, Right to Be Represented by Counsel, Right to Equal Protection of the Law, Non Discrimination
Source Language
English
Human Rights Law Criminal Law Constitutional Law Administrative Law Right to Fair Trial Right to Property Right to Liberty and Security Right to Dignity and Reputation +11 more

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 6 Authorities cited 26 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sebastien Germain Ajavon

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application (merits) Before the African Court on Human and Peoples' Rights / Judgment on Merits

Legal Issues

  1. 1 Whether the Applicant's rights to a fair trial, property, liberty, dignity, equality, and judicial protection were violated by the Respondent State in the context of criminal proceedings and administrative actions.
  2. 2 Whether the establishment and operation of the Anti-Economic Crimes and Terrorism Court (CRIET) and related laws violated the Applicant's rights under the African Charter and international instruments.

Ratio Decidendi

The Court found that the Respondent State violated the Applicant's rights to a fair trial, including the right to be tried by a competent court, the right to defence, the right to be informed of charges, the right to be represented by counsel, the right to presumption of innocence, the right to two-tier jurisdiction, the right to property, the right to equal protection of the law, and the right to the independence of the judiciary. The Court held that the establishment and operation of CRIET, the administrative actions against the Applicant's companies, and the conduct of criminal proceedings were in breach of the African Charter and international human rights standards.

Court Disposition

Application allowed in part; violations found; reparations to be determined at a later stage.

Orders

  • Objections to jurisdiction and admissibility dismissed.
  • Application declared admissible.