Guinea Ordered to Pay Compensation in Landmark ECOWAS Court Verdict
The Court of Justice of the Economic Community of West African States (ECOWAS) has delivered a groundbreaking verdict in the case between Guinea and Maître Mamoudou Sané. The African Court of Justice found the Guinean State guilty of violating the right to individual freedom and the right to a fair trial, ordering Guinea to pay Mr. Sané 15 million CFA francs as compensation for the moral damage suffered.
The verdict stems from an incident that occurred on February 18, 2020, when Maître Mamoudou Sané was arrested by the BRB banditry repression brigade. Sané was taken to the premises of the central direction of the judicial police, but was later released after intervention from other legal professionals. Following the incident, Sané filed a complaint against Commissioner Fabou Camara, accusing him of abuse of power.
However, the complaint was not followed up by the Guinean judiciary, prompting Sané’s lawyer, Antoine Pepé Lamah, to appeal to the ECOWAS Court of Justice. The court, in its hearing on June 9, 2023, found the Guinean State guilty of violating the right to individual liberty and the right to a fair trial. It also ordered Guinea to judge the material perpetrators of the acts for which it was condemned and imposed a three-month deadline for Guinea to submit an execution report.
Lamah expressed hope that the current judicial authorities in Guinea would not remain motionless in the face of this violation. He also revealed that he had seized the Guinean court to ensure the pecuniary reparations ordered by the ECOWAS Court of Justice are effectively implemented.
This landmark verdict by the ECOWAS Court of Justice highlights the importance of upholding individual freedoms and fair trials in the region. It serves as a reminder to governments and law enforcement agencies to respect the rights of individuals and ensure justice is served.Guinea Found Guilty of Violating Individual Freedom and Right to Fair Trial by ECOWAS Court
The Court of Justice of the Economic Community of West African States (ECOWAS) has delivered its verdict in the case between Guinea and Maître Mamoudou Sané. The African Court of Justice recognized the Guinean State as guilty of violating the right to individual freedom and the right to a fair trial, by Commissioner Fabou Camara. As compensation for the moral damage suffered, the court ordered the Republic of Guinea to pay Mr. Sané the sum of 15 million CFA francs.
In an interview on the Grandes Gueules program on Tuesday, June 20, Antoine Pepé Lamah, the lawyer for Maître Mamoudou Sané, discussed the verdict and the events that led to the conviction of the Guinean State. According to Lamah, Sané was arrested on the morning of February 18, 2020, by the BRB banditry repression brigade. Sané was taken to the premises of the central direction of the judicial police after refusing to comply with the demands of Commissioner Fabou Camara. It was only after the intervention of other lawyers that Sané was released.
Following the incident, Sané filed a complaint against Commissioner Fabou Camara at the general prosecutor’s office of the Court of Appeal of Conakry. However, the complaint was not followed up, and even the chairman at the time expressed dissatisfaction with the public prosecutor’s inaction. Faced with the lack of will from the Guinean judiciary, Sané’s lawyer decided to appeal to the ECOWAS Court of Justice.
On September 29, 2020, the case was brought before the ECOWAS Court of Justice, with the Guinean State appointing a lawyer to defend its position. On June 9, 2023, the ECOWAS Court of Justice found Guinea guilty of violating the right to individual liberty and the right to a fair trial. The court ordered Guinea to judge the material perpetrators of the acts for which it was condemned and imposed a three-month deadline for Guinea to submit an execution report.
Expressing hope for justice in Guinea, Sané’s lawyer stated, “We dare to hope that the current judicial authorities will not do like those before by remaining motionless in the face of this intolerable violation.”
Following the decision of the ECOWAS Court of Justice, the lawyer has also approached the national jurisdiction to ensure the effectiveness of the pecuniary reparations.
The verdict by the ECOWAS Court of Justice serves as a reminder of the importance of upholding individual freedom and the right to a fair trial. It is hoped that this ruling will encourage the Guinean authorities to take appropriate action and prevent similar violations in the future.
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What message does the ECOWAS Court of Justice’s ruling send to governments and law enforcement agencies regarding human rights violations in West Africa
Ing of February 18, 2020, by the BRB banditry repression brigade and taken to the premises of the central direction of the judicial police. However, he was later released after intervention from other legal professionals.
Following his release, Sané filed a complaint against Commissioner Fabou Camara for abuse of power. Unfortunately, the Guinean judiciary did not follow up on the complaint, prompting Lamah to appeal to the ECOWAS Court of Justice on behalf of his client. In the hearing on June 9, 2023, the court found the Guinean State guilty of violating the right to individual liberty and the right to a fair trial.
In addition to ordering Guinea to pay compensation to Mr. Sané, the court also instructed Guinea to judge the material perpetrators of the acts for which it was condemned. The court imposed a three-month deadline for Guinea to submit an execution report.
Lamah expressed hope that the current judicial authorities in Guinea would take action in response to this violation. He also revealed that he had seized the Guinean court to ensure that the monetary reparations ordered by the ECOWAS Court of Justice are effectively implemented.
This landmark verdict emphasizes the importance of upholding individual freedoms and fair trials in the region. It serves as a reminder to governments and law enforcement agencies to respect the rights of individuals and ensure justice is served. The ECOWAS Court of Justice’s ruling sets a precedent for future cases involving human rights violations in West Africa and sends a clear message that such violations will not be tolerated.
It is crucial for the current judicial authorities to learn from the mistakes of their predecessors and bring about much-needed reforms. Our hope is that they will prioritize justice, transparency, and accountability, ultimately ensuring a fair and efficient judicial system for all.
I am optimistic that the current judicial authorities will break the cycle and work towards a fairer justice system. It is crucial for them to learn from the mistakes of their predecessors and bring positive change to Guinea.