Saab Morán v. Republic of Cabo Verde

1 State immunity — Jurisdictional immunity — Officials — Whether claim of sovereign immunity applicable to special envoy of a president on a special secret mission to another country when within the territory of a third State Diplomatic relations — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — United Nations Convention on Special Missions, 1969 — Whether applicable — Whether diplomatic immunity applicable to a special envoy on a special secret mission to another country when within the territory of a third State — Envoy subsequently appointed ambassador to international organization — Whether diplomatic immunity retroactively applicable based on an ambassadorial appointment subsequent to arrest — Acceptance of a diplomat by a receiving State Extradition — Extradition proceedings — Whether a special envoy to a president could be arrested and subjected to extradition proceedings by a third State — Whether applicant’s legal argument conflating extradition with expulsion of non-national Human rights — Arbitrary arrest and detention — Freedom of movement — Non-discrimination, equality and fair treatment — Human dignity — Fair hearing — Presumption of innocence — Arbitrary arrest and detention — Prohibition of torture and inhuman treatment — Whether respondent State violating Articles 2, 3, 5, 6 and 7 of African Charter on Human and Peoples’ Rights, 1981 — Whether respondent State violating Article 3 of Universal Declaration of Human Rights, 1948 — Article 9 of International Covenant on Civil and Political Rights, 1966 International tribunals — Jurisdiction — Community Court of Justice of Economic Community of West African States’ jurisdiction to monitor Member States’ compliance with Community obligations — Locus standi to bring infringement proceedings before Community Court of Justice