Whistleblowing, prevenzione dei crimini e diritto alla privacy: la Corte ECOWAS si pronuncia sul difficile bilanciamento tra interessi contrapposti

The present paper proposes an analysis of the recent judgment of the ECOWAS Court of Justice on the case n. ECW/CCJ/APP/42/16 between the Republic of Ghana and its three lordships of the Superior Court of Judicature. In particular, the article focuses on the alleged violation of the right to privacy. The case concerns the suspension of the applicants from their role of judges and the opening of criminal investigations as a consequence of a petition that accused them of corruption, bribery and unethical practices. The petitioner secretly filmed and recorded the applicants in their residences and private locations to collect materials to support his petition as whistleblowers. the first part of the paper describes the role of Whistleblowing in the prevention of crimes. The second part of the essay analyses the alleged violation of the right to privacy, highlighting its recognition as a human right. The third part of the article is focused on the reasoning of the ECOWAS Court, evaluating the balancing test between the Whistleblowing and the right to privacy.