ECOWAS Court rejects application to order sanctions against Cape Verde for non enforcement of judgment

A panel of three judges of the ECOWAS Court of Justice led by Hon. Justice Edward Amoako
Asante has rejected an application !led by a Venezuelan illegally detained in Cape Verde
asking for an order of the Court to compel Heads of State and Government of the
Community for impose sanctions on Cape Verde for non-enforcement of an earlier order of
the Court for his release.
In the judgment no ECW/CCJ/JUD/07/21 delivered on 15
th
March2021,theCourthadordered
the immediate release of Ales Nain Saab Moran and the payment of 200,000 US dollars in
reparation for the violation of his human rights following his “illegal” detention since 12
th
June 2020 at the request of the US which !led a request for his extradition to the country.
In its ruling of Thursday, 24
th
June2021ontheapplicationforsanctionsandreadbythe
Judge Rapporteur, Justice Januaria Costa, the court held that “there can be no doubt that
the execution of the decisions of the Court of Justice of the Community constitutes one of
the obligations of the Member States
“However it follows that only the Member States and the President of the Commission can
approach the Court on appeal for failure to ful!ll Community obligations by the Member
States.
Among the sanctions sought by the Applicant, who was represented by his counsel Mr. Femi
Falana, was a travel ban against top o=cials of Cape Verde and their families to all ECOWAS
Member States namely the President of Republic of Cape Verde, the Prime Minister, Deputy
Prime Minister, Minister of Regional Integration, Minister of Foreign A>airs and Community
and Minister of Defense.
Other sanctions sought were for the suspension of the disbursement for ongoing ECOWAS
assisted projects or programs to Cape Verde; exclusion from submitting applications for
statutory positions in ECOWAS as well as suspending their voting rights in ECOWAS among
others.
In its judgment of 15
th
March2021,theCourthadalsoorderedthediscontinuanceofall
extradition proceedings and processes against the Applicant to the USA and declined all
other claims, orders and injunctions sought by the Applicant.
The Court had decided that the detention of the Applicant by of Cape Verde was unlawful
and a violation of Article 6 of the African Charter on Human and People`s Rights that
guaranteed the right to personal liberty and security of the person.