The ECOWAS Court of Justice, has on 22 November 2024 delivered its judgment in the case of Shalimar Abbiusi v. The Republic of Ghana (Application No: ECW/CCJ/APP/03/24), addressing allegations of human rights violations arising from the detention and deportation of Ms. Shalimar Abbiusi, a Belgian citizen residing in Ghana.
The Court ruled that the applicant human rights were violated especially the illegal arrest and detention after the withdrawal of the initial charges against her.
Ms. Shalimar Abbiusi, a Belgian national and spokesperson for the political movement “New Force” in Ghana, was arrested on December 4, 2023, by Ghanaian immigration officials regarding her residency status. Charged with obtaining a student permit through false declaration, she was later released on bail. However, her re-arrest on December 19, 2023, within court premises after charges were withdrawn, and her subsequent deportation to Belgium, raised concerns over the violation of her fundamental rights.
Belgian national and Spokesperson for the New Force Movement, Shalimar Abbiusi being carried away by Ghana Immigration after prosecution dropped charges against her in court.
But why handle her like this?
Can’t she be handled properly for your investigations and questioning?… pic.twitter.com/UfQNJRys9k— Eviana Gh (@EvianaGh) December 19, 2023
In response, Ms. Abbiusi filed a claim alleging violations of her rights to liberty, fair hearing, free movement, equality before the law, and freedom from discrimination under the African Charter on Human and Peoples’ Rights.
Shalimar Abbiusi, Spokesperson of the “The New Force” a new political party, has executed her GH₵20,000 bail offered to her by the Kaneshie District Court.
Protestors gathered at the court jubilated on over her departure.
Francis-Xavier Sosu is her lawyer. #GhanaNewsAgency pic.twitter.com/FRTmBuDC6A
— Ghana News Agency (@GHANANEWSAGENCY) December 12, 2023
In the Judgment delivered by Honourable Justice Dupe Atoki, the Judge Rapporteur, the Court found that the re-arrest and detention of Ms. Abbiusi following the withdrawal of charges against her violated her right to liberty under Article 6 of the African Charter.
In reparation to these violations, the Court awarded Ms. Abbiusi compensation of USD 10,000, to be paid in Ghanaian Cedis, for the violations of her rights.
All I kept saying during my incarceration was ‘ #iamhuman ‘ please treat me like a human not like an animal.
I never thought that being the spokesperson for @thenewforcegh -a positive movement to empower the youth, would result in the violation of my human rights. #thenewforce pic.twitter.com/XECOs2E18r— Shalimar (Shallie) Abbiusi (@Shallie_Abbiusi) January 6, 2024
Meanwhile, the Court declares her detention during interrogation not in violation of her rights under Article 6 of African Charter and dismissed Ms. Abbiusi’s claims regarding violations of her rights to a fair hearing, freedom of movement, equality before the law, and freedom from discrimination due to insufficient evidence.
The three-member panel of the Court were Honourable Justice Ricardo Cláudio Monteiro Gonçalves (presiding judge), Honourable Justice Sengu Mohamed Koroma (panel member), and Honourable Justice Dupe Atoki (judge rapporteur).
Credit – ECOWAS Court
