Ajavon v Republic of Benin (Application No. 013-2017)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Court on Human and Peoples' Rights held that it has prima facie jurisdiction to hear the application. The Court found that the circumstances presented a situation of extreme gravity and risk of irreparable harm to the applicant if the CRIET judgment were enforced before the Court's final decision. The Court ordered the Republic of Benin to stay execution of the CRIET judgment pending final determination of the application.

Outcome

Provisional measures granted; stay of execution ordered pending final determination

Facts

The applicant, a businessman and politician in Benin, was prosecuted for trafficking 18 kilograms of cocaine found in a container imported by his company in October 2016. On 4 November 2016, the Criminal Chamber of Cotonou First Class Court acquitted him for lack of evidence. In July 2018, Benin created a special court (CRIET) to retry him for the same drug trafficking case. On 18 October 2018, CRIET convicted him and sentenced him to twenty years in prison. The applicant filed an application before the African Court alleging violations of his human rights, including the right to a fair trial and the principle of non bis in idem. While the matter was pending before the African Court, the applicant sought provisional measures to stay execution of the CRIET judgment, arguing that execution would cause irreparable harm and that the cassation appeal available under Benin law would not prevent enforcement because he was not in detention.

Issues

1. Whether the Court has prima facie jurisdiction to hear the application.
2. Whether the circumstances of the case warrant the grant of provisional measures under Article 27(2) of the Protocol.
3. Whether execution of the CRIET judgment should be stayed pending the Court's final decision.

Orders

• The Respondent State shall stay execution of Judgment No. 007/3C.COR of 18 October 2018 delivered by the Economic Crimes and Terrorism Court established by Law No. 2018/13 of 2 July 2018, pending this Court's final decision in the instant Application.
• The Respondent State shall report to this Court within fifteen (15) days of receipt of this Order on the measures taken to implement the same.

Rules and key headnotes

Legislation cited (12)

• Protocol to the African Charter on Human and Peoples' Rights Article 27(2)
• Protocol to the African Charter on Human and Peoples' Rights Article 3(1)
• Protocol to the African Charter on Human and Peoples' Rights Article 5(3)
• Protocol to the African Charter on Human and Peoples' Rights Article 34(6)
• African Charter on Human and Peoples' Rights Article 3(2)
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 6
• African Charter on Human and Peoples' Rights Article 7
• African Charter on Human and Peoples' Rights Article 14
• African Charter on Human and Peoples' Rights Article 26
• Law No. 2018/13 of 2 July 2018 (Benin)
• Benin Code of Criminal Procedure Article 594

Cases cited (2)

• African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
• Amini Juma v United Republic of Tanzania (Application No. 024/2016)

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