ECOWAS court awards 50 million CFA against Burkina Faso
This amount, according to the court, is to compensate for the moral damages suffered following the violation of his right to a fair trial in reasonable time over his retirement 20 years ago.
The ECOWAS Court of Justice has awarded a sum of 50 000 000 (Fifty Million) CFA against the Republic of Burkina Faso as compensation to a retired civil servant, Mr. Kam Sibiri Eric.
This amount, according to the court, is to compensate for the moral damages suffered following the violation of his right to a fair trial in reasonable time over his retirement 20 years ago.
Delivering its judgment on May 31, 2023, the court held that the respondent State violated the applicant’s right to an effective remedy pursuant to Articles 7(1) of the African Charter, 14(5) of the ICCPR, and 8 of the Universal Declaration of Human Rights. The Court also held that Applicant’s right to be tried within a reasonable time by an impartial tribunal by the Respondent was also violated in accordance with Articles 7(1) and 26 of the African Charter, 9 and 14(3)(c) of the ICCPR and 8 of the Universal Declaration of Human Rights.
In suit no. ECW/CCJ/APP/53/20, the applicant said he worked as the Head of the Legal Affairs and Research Division of the Mediator of Faso until 27th November 2002 when his appointment was terminated by decree allegedly for « default of the duty on confidentiality.
He averred that several failed steps were taken to get the government to reconsider its decision, including an unsuccessful initial informal appeal, followed by an appeal to the Administrative Court which annulled the order terminating his appointment and ordered his reinstatement.
The applicant among others, relied on Article 10 of the Universal Declaration of Human Rights and the other international instruments such as the International Covenant on Civil and Political Rights in its Article 2.3 paragraph A and paragraph b and the African Charter on Human and Peoples’ Rights in its article 7 (1) and (2).
During the judgment, the Republic of Burkina Faso was not represented while Mr Sibiri’s lawyer was represented by Barthelemy Zongo.
Also in the three-member panel on the case were the president of the Court, Justice Edward Amoako Asante, presiding, and Justice Dupe Atoki.
