The ECOWAS Court of Justice has ruled that Ghana violated the liberty rights of Belgian national and political activist Shalimar Abbiusi in a case involving her arrest, detention, and deportation.
Ms. Abbiusi, a spokesperson for the political movement “New Force,” was arrested by Ghanaian immigration officials on December 4, 2023, over allegation of obtaining a student permit through false declaration. After she was granted bail, the charges against her were withdrawn.
However, on December 19, 2023, she was rearrested on the court premises and deported to Belgium, actions the court deemed a violation of her fundamental rights.
In her claim, Ms. Abbiusi alleged that Ghana had infringed upon her rights to liberty, fair hearing, free movement, equality before the law, and freedom from discrimination as enshrined in the African Charter on Human and Peoples’ Rights.
Delivering the judgment, Justice Dupe Atoki, the Judge Rapporteur, said Ms. Abbiusi’s re-arrest and detention after the charges against her were dropped constituted a breach of her right to liberty under Article 6 of the African Charter.
The court ordered Ghana to pay $10,000 in compensation to Ms. Abbiusi, equivalent in Ghanaian Cedis, as reparation for the violation of her rights.
However, the court ruled that her initial detention during interrogation did not breach Article 6 of the African Charter.
Furthermore, the court dismissed her claims regarding violations of fair hearing, freedom of movement, equality before the law, and freedom from discrimination, citing insufficient evidence.
The three-member panel of the court comprised Justice Ricardo Cláudio Monteiro Gonçalves (Presiding Judge), Justice Sengu Mohamed Koroma, and Justice Dupe Atoki.
GNA