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African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Order for Provisional Measures) (Application No. 004-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 1 · 2011 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application by the African Commission on Human and Peoples' Rights for provisional measures against Libya for alleged serious and massive violations of human rights
Decision
Provisional measures ordered requiring Libya to refrain from actions causing loss of life or violation of physical integrity and to report on implementation within fifteen days

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights ordered provisional measures against Libya, finding prima facie jurisdiction and a situation of extreme gravity and urgency. The Court ordered Libya to immediately refrain from any action resulting in loss of life or violation of physical integrity and to report within fifteen days on implementation measures. The order was made proprio motu without written pleadings or oral hearings given the imminent risk of loss of human life.

Outcome

Provisional measures ordered requiring Libya to refrain from actions causing loss of life or violation of physical integrity and to report on implementation within fifteen days

Facts

Following the detention of an opposition lawyer, peaceful demonstrations began on 16 February 2011 in Benghazi. On 19 February 2011, demonstrations occurred in Benghazi, Al Baida, Ajdabiya, Zayiwa and Derna, which were violently suppressed by security forces who opened fire on demonstrators. Hospital sources reported individuals died or were injured with bullet wounds to the chest, neck and head on 20 February 2011. Libyan security forces engaged in excessive use of heavy weapons and machine guns against the population, including targeted aerial bombardment. The African Commission received successive complaints during its 49th Extraordinary Session held in Banjul from 21 February to 3 March 2011, alleging serious violations of the right to life, physical integrity, freedom of expression, demonstration and assembly. The Commission filed an application with the African Court on 16 March 2011.

Issues

  1. Whether the Court has prima facie jurisdiction to order provisional measures
  2. Whether there exists a situation of extreme gravity and urgency warranting provisional measures
  3. Whether there is a risk of irreparable harm to persons

Orders

  • The Great Socialist People's Libyan Arab Jamahiriya must immediately refrain from any action that would result in loss of life or violation of physical integrity of persons, which could be a breach of the provisions of the Charter or of other international human rights instruments to which it is a party.
  • The Great Socialist People's Libyan Arab Jamahiriya must report to the Court within a period of fifteen (15) days from the date of receipt of the Order, on the measures taken to implement this Order.

Rules and key headnotes

Provisional Measures — Proprio Motu Power — Extreme Gravity and Urgency
Under Article 27(2) of the Protocol to the African Charter on Human and Peoples' Rights and Rule 51(1) of the Rules of Court, the African Court on Human and Peoples' Rights is empowered to order provisional measures proprio motu in cases of extreme gravity and urgency and when necessary to avoid irreparable harm to persons and which it deems necessary to adopt in the interest of the parties or of justice, even where the applicant has not requested such measures.
Provisional Measures — Prima Facie Jurisdiction
Before ordering provisional measures, the Court need not finally satisfy itself that it has jurisdiction on the merits of the case, but simply needs to satisfy itself, prima facie, that it has jurisdiction.
Provisional Measures — Procedure — Urgency Dispensing with Pleadings and Hearings
Where there is an imminent risk of loss of human life and ongoing conflict makes it difficult to serve the application timeously on the respondent and to arrange a hearing accordingly, the Court may make an order for provisional measures without written pleadings or oral hearings.
Provisional Measures — Nature and Effect
Measures ordered by the Court are necessarily provisional in nature and do not in any way prejudge the findings the Court might make on its jurisdiction, the admissibility of the application and the merits of the case.

Legislation cited (12)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 12
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 23

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Order for Provisional Measures) (Application No. 004-2011) [2011] AfCHPR 1 (25 March 2011)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.