The ECOWAS Court has mandated the Republic of Senegal to reform Article 109 of its Organic Law governing the Commission for the Compensation of Persons Unreasonably Detained on Remand. The judgement orders Senegal to align a portion of the law with its international commitments, particularly that under the African Charter on Human and Peoples' Rights (ACHPR). In Suit ECW/CCJ/APP/36/21, the Applicants had alleged the violation of their human rights, specifically violations of the right to fair trial, the right to be tried within a reasonable time as well as for breaches of the principle of equality before the law. Justice Sengu Mohamed Koroma, a Judge Rapporteur, In the judgment delivered by the Court, declared a violation of the right to a fair trial and the right to be tried within a reasonable time under Article 7 (1) (d) of the ACHPR.  It also declared a violation of the principle of equality of citizens before the law under Article 4 of the ACHPR. Consequently, it awarded each Applicant, Mouhamed Ra ssoul Ndiaye and Alassane Lo, Fifty Million Francs (50,000,000 CFA) CFA as reparation for the violation of their right to a fair trial, right to be tried within a reasonable time as well as for breaches of the principle of equality before the law. However, it declared there was no violation of the presumption of innocence as guaranteed under Article 7 (1) (b) of the ACHPR. The Applicants asserted that they were arrested on December 12, 2023, facing criminal conspiracy and murder charges, and another unspecified crime. Despite being acquitted by the First Criminal Chamber of the High Court of Dakar in judgment on July 16, 2019, they claimed to have been detained for eight years, leading to the collapse of their business and severe hardship for their families. They initiated proceedings with the Compensation Commission after their acquittal, seeking compensation by the Organic Law of the Supreme Court. Despite meeting eligibility criteria, their compensation application was denied, unlike others in similar situations.  The Applicants alleged a violation of their fundamental rights guaranteed by the Senegal Constitution and relevant human rights conventions. Senegal's Defense challenged the notion that the detention length alone constituted a rights violation, emphasizing the case's complexity. It also denied any official role in media leaks about the investigation. Addressing the extended pre-trial detention, the Court found that Senegal did not provide a satisfactory justification neither did it present a legal basis, thus infringing upon the fair trial rights guaranteed by Article 7 (1) (d) of the ACHPR. However, it rejected the Applicants' claim of a presumption of innocence violation, citing insufficient evidence that the leak stemmed from an official source, albeit the Respondent. The Court did determine that Article 109 of the Organic Law violated the ACHPR's fair trial standards and equality under the law as outlined in Articles 7 (1) and Article 4, respectively. As such, it ordered the amendment of the law to meet Senegal's international obligations. Claims regarding the right to compensation from the Compensation Commission of the Respondent were dismissed on grounds of jurisdictional competence. The Applicants had sought Five Hundred Million Francs CFA each for alleged rights violations. Regarding reparation rights from the Compensation Commission, Senegal said there were two criteria: long detention and an abnormal and particularly serious prejudice endured while in detention. The Respondent argued that they were not compensated because they did not give evidence of the prejudice suffered.  It also added that the Compensation Commission did not require a reason to deny compensation and therefore did not violate the Applicants' rights. The Respondent State called for the dismissal of the Applicants' claims as unsubstantiated. Other judges on the panel were Justices Dupe Atoki (Presiding) and Ricardo Cláudio Monteiro Gonçalves. Source: Ghana News Agency correspondent Narjes Bdira) - President Kais Saied stressed on Monday in Rome, where he attended the Africa-Italy Summit, the need to eliminate the causes of irregular migration to Europe through a collective solution. Speaking to TAP on the sidelines of the summit, the head of state said that the solution to irregular migration cannot be individual, but must be collective, stressing that "the solution cannot also be based on security". Saied pointed out that, as a follow-up to the summit, a conference would soon be held to discuss the "details of the development to be established in African countries". He said that criminal organisations were behind the phenomenon, trafficking people and their organs around the world. "When there is hope, the feeling of despair disappears and no one will leave his country in death boats to other countries," he stressed, adding that this inhuman situation cannot be accepted and must come to an end. He declared that Tunisia has great potential and will 'work to provide al l the elements of a decent life for Tunisians and will welcome African brothers within the framework of the law.' The President of the Republic spoke of the efforts made by state institutions and relevant organisations to help African migrants in the country, in particular the Tunisian Red Crescent, which has played a major role in this regard by putting humanitarian values before legal aspects. President Saied stressed that "Tunisia will not accept the settlement of African migrants and will only be a place within the framework of the law established by our country and not within the framework of arrangements developed from abroad". The Head of State took part in the events of the "Italy-Africa" summit, which opened on Monday in the presence of some 25 heads of state and government from Europe and Africa. The summit, held under the banner of the "Mattéo Plan", also discussed issues such as migration, climate, food security and energy transition. Source: Agence Tunis Afrique Presse