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African Commission on Human and Peoples’ Rights v Libya (Application No. 002-2013)

African Court on Human and Peoples' Rights · [2015] AfCHPR 40 · 2015 Provisional Measures Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures by the African Commission on Human and Peoples' Rights concerning alleged violations of the rights of a detainee in Libya
Decision
Provisional measures granted unanimously; matter remains pending on the merits

Observed later treatment

No later-treatment classification is recorded for this judgment.

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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 damage to Saif Al-Islam Gaddafi, to allow him access to a lawyer of his choosing and family visits, to refrain from actions affecting his physical and mental integrity, and to report within fifteen days on implementation. The Court found it had prima facie jurisdiction and that extreme gravity, urgency, and risk of irreparable harm existed given the detainee's prolonged detention without legal representation or family access.

Outcome

Provisional measures granted unanimously; matter remains pending on the merits

Facts

On 2 April 2012, the African Commission on Human and Peoples' Rights received a complaint from Mishana Hosseinioun on behalf of Saif Al-Islam Gaddafi alleging violations by Libya. The detainee was detained by the National Transitional Council on 19 November 2011 in isolation without access to family, friends, or any lawyer. He had not been charged with any offence nor brought before any court. The detention facility was believed to be in Zintan, Libya, but the exact address was unknown. The Commission was concerned that the detainee faced an imminent trial carrying the threat of the death penalty following arbitrary detention based on interrogations conducted without a lawyer. The Commission issued provisional measures on 18 April 2012, to which Libya had not responded. The Commission filed an application with the African Court on 31 January 2013 alleging violations of Articles 6 and 7 of the African Charter.

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.

Orders

  • Libya 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.
  • Libya to allow the detainee access to a lawyer of his own choosing.
  • Libya to allow the detainee visits by family members.
  • Libya to refrain from taking any action that may affect the detainee's physical and mental integrity as well as his health.
  • Libya to report to the Court within fifteen 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 — Standard of Review
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
In cases of extreme gravity and urgency, and to avoid irreparable harm to persons, the Court may adopt provisional measures as it deems necessary under Article 27(2) of the Protocol and Rule 51 of the Rules of Court.
Right to Legal Representation — Prolonged Detention Without Access to Counsel
Prolonged detention without access to a lawyer, family, or friends, combined with failure to respond to provisional measures and the requirements of justice that every accused person be accorded a fair trial, constitutes a situation of extreme gravity and urgency warranting provisional measures.
Provisional Measures — Effect on Merits — Non-Prejudicial Nature
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(1)
  • 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)

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 Libya (Application No. 002-2013) [2015] AfCHPR 40 (10 August 2015)
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.