26th March 2024 9:03:29 AM
3 mins readSpokesperson for the New Force Movement, Shalimar Abbiusi, who was recently repatriated has filed a lawsuit through her lawyers, led by Francis Xavier Sosu, at the international ECOWAS Court on January 23, over human rights violations and injustice.Among nine reliefs, she is seeking one million dollars in compensation from Ghana for alleged violations of her human rights.
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In December last year, the Ghana Immigration Service (GIS) arrested and charged her for “obtaining for yourself a student permit by false declaration contrary to section 52 (1) (i) of the Immigration Act 2000 {Act 573).”After the charges against her were dropped, Shalimar Abbiusi was repatriated.
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Dissatisfied with the circumstances of her arrest, repatriation, and the subsequent criticism of the GIS for human rights abuses by her attorney, Francis-Xavier Sosu, she sued the state, seeking compensation.“An order directed at the Republic of Ghana to pay compensatory damages of Ghana Cedis equivalent of one million United States dollars (USD 1.000.000.
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00 to the applicant who is a victim of human rights violations by the Republic of Ghana,” the 30-year-old Belgian stated in her writ filed on January 23, 2024."The originating application for the enforcement of the human rights of the applicant pursuant to Articles 9(4) and Protocol A/P.1/07/91 and Suplementary Protocol A/SP.1/01/05 respectively was filed on January 24.The applicant is seeking the following reliefs:I.
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A declaration that every individual within the territorial jurisdiction of the Republic of Ghana is entitled to the internationally recognised human rights enshrined in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the Body of Principles for the protection of all persons under any form of detention or imprisonment; and the African Charter on Human and Peoples’ Rights.II.
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A declaration that the Republic of Ghana has an obligation to respect, protect and fulfil within the territorial jurisdiction of the Republic of Ghana the internationally recognised human rights of every individual enshrined in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; the Body of Principles for the protection of all persons under any form of detention or imprisonment and the African
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Charter on Human and Peoples’ Rights.III.
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A declaration that the Republic of Ghana has violated the Applicant’s rights to liberty and security of her person and freedom from unlawful and arbitrary arrest and detention enshrined in Article 9 of the Universal Declaration of Human Rights; Article 9 of the International Covenant on Civil and Political Rights; Principles 2 and 11 of the Body of Principles for the protection of all persons under any form of detention or imprisonment and
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Article 6 of the African Charter on Human and Peoples’ Rights.IV. A declaration that the Republic of Ghana violated the Applicant’s rights to fair hearing and administrative justice, enshrined in Article 10 of the Universal Declaration of Human Rights; Articles 5(2); and 14(1) of the International Covenant on Civil and Political Rights; and Article 7(1)(a) of the African Charter on Human and Peoples’ Rights.V.
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A declaration that the Republic of Ghana has violated the Applicant’s rights to equality before the law and freedom from discrimination enshrined in Articles 2 and 7 of the Universal Declaration of Human Rights; Articles 2; 14(1); and 26 of the International Covenant on Civil and Political Rights; and Articles 2 and 3 of the African Charter on Human and Peoples’ Rights.VI.
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A declaration that the Republic of Ghana has violated the Applicant’s rights to freedom of movement enshrined in Article 13 of the Universal Declaration of Human Rights; Article 11 of the International Covenant on Civil and Political Rights; and Article 12 of the African Charter on Human and Peoples’ Rights.VII.
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An order directed at the Republic of Ghana to pay compensatory damages of Ghana Cedis equivalent of one million United States dollars (USD 1.000.000.00) to the applicant who is a victim of human rights violations by the Republic of Ghana.VIII. Costs including legal fees on full indemnity basis.XI. Any other order(s) or direction(s) as the Court deems appropriate for giving effect to or enabling effect to be given to the declarations made
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herein.
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