The ECOWAS Court of Justice recently made a significant ruling against the Republic of Ghana, stating that the country violated the right to information of Isaac Mensah. In a judgment delivered by Justice Edward Amoako Asante, the Court ordered Ghana to provide Mensah with documents related to the investigations on the enforced disappearance of his father.
Mensah had filed a suit in November 2020, alleging that his father, Peter Mensah, was among West African migrants travelling to Europe through The Gambia who were arrested and killed or disappeared. The Court dismissed other claims related to the arrest, detention, and disappearance of migrants in The Gambia in 2005.
While Ghana challenged the Court’s jurisdiction over the matter, the Court declared it had jurisdiction over Mensah’s right to information claim. The Republic of Ghana was ordered to release the requested documents to Mensah within four months of the judgment.
Despite obtaining a waiver of confidentiality from The Gambia on a 2009 UN/ECOWAS Investigation Report, Ghana had failed to release it to Mensah. The Court found that Ghana breached Mensah’s right to information and ordered the release of the Report and other documents.
Overall, the ruling sheds light on the importance of upholding the right to information and conducting thorough investigations into human rights violations. It serves as a reminder of the responsibilities that states have in providing access to information and seeking justice for victims of human rights abuses.
