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Home arrow newsitems arrow W.African Court President Daboya to EuroFora:AU Ministers to check Human Rights case v. Gaddafi era

W.African Court President Daboya to EuroFora:AU Ministers to check Human Rights case v. Gaddafi era

Written by ACM
Thursday, 16 June 2011
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 The currently pending issue of the implementation of a Judgement issued by the African Human Rights Court against colonel Gaddafi's regime in Libya, in favor of representatives for Dissidents and/or Refugees fleeing Massive Violence towards African States located at the Southern Neighbourhood, asking to Urgently stop Mass Violence provoking many Human Rights Violations,should be considered for decision by an African Ministerial Committee "before the end of June", said Hon. Justice Hadja Awa Nana-Daboya, President of the Community Court of Justice in Western Africa (ECOWAS), which is competent also on Human Rights issues, speaking to "EuroFora" during an UNHCR International Conference at the CoE in Strasbourg, bringing together European, American and African Human Rights Courts' Heads.

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 The Libyan case was cited by a UNHCR's Senior Liaison Officer for the Eastern African Community, (which has a similar sub-regional Court competent also on Human Rights issues), Shana Kaninda, who cooperates also with a Pan-African Human Rights NGO acting for an efficient Court for all Africa, (the "Coalition for an effective African Court on Human and People's Rights"), as he told "EuroFora" during the International Conference dedicated to UNHCR's 60th Anniversary and hosted by the CoE, (See also other "EuroFora"s NewsReport on that UNHCR/CoE event).

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President Daboya told "EuroFora" that rumours spread in the Gaddafi regime accused several Black African Countries to sene "Mercenaries" , resulting in Hostility, Attacks and Threats against many African Immigrants living in Libya, who were obliged to flee even towards the Southern Borders' Neighbouring Countries, but most had been stopped and thrown back in Libya, where they feared to risk even for their Lives. 

The African Union's Court observed that "the Arab Ligue called for an End to Violence, stating that Demands of Arab Peope for Change are Legitimate, and ... has Suspended Libya", while "UNO's Security Council, in Resolution 1970 (2011) .. denounced "the Gross and Systematic Violations of Human Rights, including the Repression of Peaceful Demonstrators", noting further that the "Systematic Attacks currently taking place in .. Libya... against the Civilian Population, may amount to Crimes against Humanity", and decided to Refer the situation in .. Libya... to the Prosecutor of the International Criminal Court".

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Considering that "there exists a Situation of extreme Gravity and Urgency, as well as a Risk of Irreparable Harm to (Human) Persons", the African Court's Judgement ordered the colonel Gaddafi's Libyan regime, to "immediately" respect certain "Provisional Measures", as to "Refrain from any action that would result in loss of Life or Violation of Physical Integrity of Persons", in "Breach of the provisions of .... Human Rights instruments".


The move is similar to ECHR's "Interim Measures", ordered in cases of Urgency to prevent Irreversible, serious Harm against Persons' Freedom and/or Life, Torture/Inhuman-Degrading Treatments, etc, that CoE's Member States are obliged to respect, according to their general Obligation to cooperate with EuroCourt, as it was observed by many participants to UNHCR's International Conference.

They all noted that this is a Legal tool of paramount importance for any Court of Human Rights, and, after various Critical remarks on some CoE Member States' recent attempts to exert "Pressure" against ECHR to drop it, (particularly during a Controversial Coference organized by Turkey at Izmir/Smyrna, just one Day after the Annual Anniversary of the Armenian Genocide, there where Deadly Fire and Attacks against Civilian People "ethnic-cleansed" since 1922 the mainly ethnic Greek ancestral Inhabitants of the over-Millenary City), ECHR's 1st vice-President, Sir Nicolas Bratza denounced as "Regrettable" the stance of those CoE Member States which try to curb this ECHR's decision-making power, even with the Risk to push Europe at a ...lower level of Human Rights' protection than that that Africa is currently trying to achieve, (as this Libyan case shows).


Already, f.ex., some 80% of Western Africa's Community Court's work is dealing with Human Rights' violations, including many cases of "Forcefully Displaced People", threatened by Slavery, Crimes against Humanity, Torture, etc., as its President, Justice Debaya, told the Conference earlier, denouncing, mainly, the Problems opposed by several States for the Implementation of Regional Human Rights Courts' Judgements.

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Concerning the Libyan case, (after International Human Rights NGOs, such as "Human Rights Watch", FIDH, etc, urged to implement the African Court's decicion on Libya), African Union's Ministers should soon examine the African Human and People Rights Court's ruling in the forthcoming Days, and their stance vis a vis Controversial Colonel Gaddafi regime's obvious Failure to respect the Court's order (See supra), will obviously be of paramount importance for the development of all Africa's Judicial Human Rights Protection System, which is just starting to be built, after its Legal instruments entered into force sice the beginning of the 21st century, President Daboya added to "EuroFora".

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(NDLR : DraftNews, as already send earlier to "EuroFora"'s Subscribers/Donors. A complete and more accurate Final Public Version is due asap).

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Brixen-Bressnone/ACM/10 August 2008

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Pope Benedict XVI launched a call "in the name of the common Christian heritage" of "all Christians", to "immediately stop military actions", and "resolutely take, the road of negotiation and dialogue", with "Initiatives" for a "peaceful and sustainable solution" in South Ossetia.

It's with "profound anxiety" that we read "the news, more and more dramatic", on "these tragic events ..which have caused many innocent victims and obliged a great number of civilians to leave their homes". All involved must "avoid to cause more, and worse sufferings to the population", he said.

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He warned against "more violent confrontations and retaliations, which may degenerate in a conflict of even larger scope".

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To avoid this risk, "the International Community and the most inffuent countries" should "make every effort to support and promote .. initiatives" for a stable Peace, he stressed, shortly before his visit to France, where President Nicolas Sarkozy is the current EU chair.

"Together with our Orthodox brothers, we pray for these aims, and we entrust them to the intercession of her sanctity, virgin Mary, Mother of Jesus and of all Christians", he concluded.

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Pope Benedict XVI spoke in front of more than 12.000 People during the Angelus of an Open-air Mass at Brixen-Bressalone (north of Italy), at the end of his short stay at the Alpes, close to German chancelor Angie Merkel's restplace, where he received the visits of two f.Italian Presidents, Ciampi and Cossiga, together with Minister Tremonti.

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Pope's spokesman, Federico Lombardi, said ttesterday that he highlighted Brixen-Bressanone's synthesis, a peaceful and mutually enriching meeting point of many cultures, as "a model for Europe".

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