Wakilii

African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Order of Provisional Measures) (Application No. 002-2013)

African Court on Human and Peoples' Rights · [2013] AfCHPR 33 · 2013 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures by the African Commission alleging violations of detainee's rights under the African Charter
Decision
Provisional measures granted requiring Libya to provide detainee access to legal representation and family, and to refrain from actions causing irreparable harm

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights unanimously ordered provisional measures requiring Libya to refrain from judicial proceedings that could cause irreparable harm to Saif Al-Islam Gaddafi, to allow him access to a lawyer and family visits, and to protect his physical and mental integrity. The Court found it had prima facie jurisdiction and that a situation of extreme gravity and urgency existed warranting immediate intervention to preserve the detainee's rights under the African Charter.

Outcome

Provisional measures granted requiring Libya to provide detainee access to legal representation and family, and to refrain from actions causing irreparable harm

Facts

On 2 April 2012, the African Commission received a complaint on behalf of Saif Al-Islam Gaddafi alleging that Libya's National Transitional Council detained him on 19 November 2011 in isolation without access to family, friends, or legal representation. The detainee had not been charged with any offence nor brought before any court. The detention facility was believed to be in Zintan, Libya, but its exact location was unknown. The Commission was concerned that the detainee faced an imminent trial carrying the threat of the death penalty following arbitrary detention and interrogations conducted without a lawyer. The Commission issued provisional measures on 18 April 2012, to which Libya had not responded. The Commission then filed an application with the African Court on 31 January 2013 seeking orders to prevent irreparable harm and ensure access to legal representation.

Issues

  1. Whether the Court has prima facie jurisdiction to order provisional measures in the matter.
  2. Whether there exists a situation of extreme gravity and urgency warranting provisional measures.
  3. Whether there is a risk of irreparable harm to the detainee.
  4. Whether the detainee's rights under Articles 6 and 7 of the African Charter have been violated by detention without access to legal representation or family.

Orders

  • Respondent to refrain from all judicial proceedings, investigations or detention that could cause irreparable damage to the Detainee in violation of the Charter or any other international instruments to which Libya is a party.
  • Respondent to allow the Detainee access to a lawyer of his own choosing.
  • Respondent to allow the Detainee visits by family members.
  • Respondent to refrain from taking any action that may affect the Detainee's physical and mental integrity as well as his health.
  • Respondent to report to the Court within fifteen (15) days from the date of receipt of this Order on the measures taken to implement this Order.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction — Requirements
Before ordering provisional measures, the Court need not satisfy itself that it has jurisdiction on the merits of the case, but simply needs to ensure that it has prima facie jurisdiction.
Provisional Measures — Conditions for Grant — Extreme Gravity and Urgency
The combined reading of Article 27(2) of the Protocol and Rule 51 of the Rules of Court allows the Court, in cases of extreme gravity and urgency, and to avoid irreparable harm to persons, to adopt such provisional measures as it deems necessary.
Provisional Measures — Suo Motu Power — Court's Discretion
The Court may order provisional measures suo motu where there exists a situation of extreme gravity and urgency and a risk of irreparable harm, even where the respondent has not been heard, provided the circumstances require urgent intervention to preserve the integrity of the person and protect fundamental rights.
Right to Legal Representation — Detention Without Access to Counsel
Detention of an accused person without access to a lawyer, family, or friends, particularly where the person faces potential trial carrying the death penalty, constitutes a situation of extreme gravity warranting provisional measures to ensure access to legal representation and protect the right to a fair trial.
Provisional Measures — Effect — No Prejudgment of Merits
Provisional 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, or the merits of the case.

Legislation cited (6)

  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(1)(a)
  • 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 28(7)

Cases cited (1)

  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)

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 of Provisional Measures) (Application No. 002-2013) [2013] AfCHPR 33 (15 March 2013)
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.