ECOWAS Court decides on alleged human rights violation in Hussein-Suale murder case   

The Community Court of Justice, ECOWAS, has declared as inadmissible a case brought by a Ghanaian Unus Al-Hassan and the Estate of Ahmed Husein-Suale Divela, over alleged violations of multiple human rights by the Republic of Ghana.   

The Court declared the case inadmissible as the Applicants failed to establish their victim-status as required under Article 10(d) of the Court’s Supplementary Protocol.?  

Background  

The Applicants – Unus Al-Hassan, a Ghanaian, who also sued on behalf of the Estate of Late Ahmed Hussein-Suale Divela, a Ghanaian investigative journalist, accused the??Respondent – Republic of Ghana, of violations of rights to life, dignity, equality, liberty, health, access to effective remedies and freedom of expression as guaranteed under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).?  

The Applicants claimed that despite known threats, the Respondent failed to protect the second Applicant, Ahmed Divela who was involved in uncovering corruption in Ghana and was fatally shot near his residence on January 16, 2019.  

They prayed the Court to hold the Respondent liable for its failure to investigate and prosecute the culprits involved in Ahmed Divela’s assassination, in accordance with its obligation under international human rights instruments.  

Moreso, the Applicants alleged that the killing of Divela amounts to violation of press freedom and censorship.?  

The Respondent (Ghana) denied all claims of the Applicants. It argued instead that the facts presented before the Court were evidence of an on-going criminal investigation.   

It affirmed that Ahmed Divela was a member of an investigation group responsible for exposing high-level judicial corruption, infanticide practices and corruption in the national football association.??  

It also affirmed that a member of parliament (MP) was named to have publicly revealed Divela’s identity but that the MP has given a police statement clarifying that he published the deceased picture to warn the public of alleged blackmail.?  

The Respondent added that the police had obtained statements from several personalities including the MP and the President of Ghana’s football association, who all denied involvement in the assassination.? 

Court’s findings  

The Court noted that the case was premised on alleged violations of multiple fundamental human rights signifying the matter was within the jurisdiction of the Court.  

It said the Application partially met the requirement for admissibility in line with Article 10 of the Supplementary Protocol.  

The Court noted that the first Applicant did not prove his relationship with the deceased, on whose behalf the claim was made.   

Also, the second Applicant failed to prove its legal standing to initiate the application.   

Consequently, both Applicants failed to establish the victim-status requirement to gain access before the Court, thereby rendering the application and their claims inadmissible.  

Court’s decision  

The Court declared it had jurisdiction to hear the matter and that the case was inadmissible.  

It dismissed all claims by both applicants and ordered both parties to bear their costs.  

Judicial panel  

The judgment was rendered by a panel comprising Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge),?Hon. Justice Sengu Mohamed Koroma (Member and Judge Rapporteur) and Hon. Justice Dupe Atoki (Member).  

Source: GNA

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