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Ajavon v Republic of Benin (Application No. 013-2018)

African Court on Human and Peoples' Rights · [2018] AfCHPR 18 · 2018 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures before the African Court on Human and Peoples' Rights
Decision
Provisional measures granted; execution of CRIET judgment stayed pending final determination of the application

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 granted provisional measures ordering the Republic of Benin to stay execution of a twenty-year prison sentence imposed by a special court (CRIET) pending the Court's final decision on the merits. The Court found prima facie jurisdiction and determined that the circumstances presented extreme gravity and risk of irreparable harm to the applicant, warranting interim relief to preserve the status quo.

Outcome

Provisional measures granted; execution of CRIET judgment stayed pending final determination of the application

Facts

The applicant, a businessman and politician, was prosecuted in October 2016 for trafficking eighteen kilograms of cocaine found in a container imported by his company. On 4 November 2016, the Criminal Chamber of Cotonou First Class Court acquitted him for lack of evidence. In July 2018, the Respondent State created a special court (CRIET) to retry the applicant for the same drug trafficking case. On 18 October 2018, CRIET convicted the applicant 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 main application was pending, the applicant sought provisional measures to stay execution of the CRIET judgment, arguing that the Respondent State could execute the sentence at any time despite his cassation appeal, as CRIET decisions are not subject to ordinary appeal and Benin law requires convicted persons to be in detention for their cassation appeal to be valid.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application.
  2. Whether the circumstances 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

Human Rights — Provisional Measures — Prima Facie Jurisdiction
In examining a request for provisional measures, the African Court on Human and Peoples' Rights need not establish that it has jurisdiction on the merits of the case, but must simply satisfy itself that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
Under Article 27(2) of the Protocol to the African Charter on Human and Peoples' Rights, the African Court shall adopt provisional measures in cases of extreme gravity and urgency when necessary to avoid irreparable harm to persons.
Human Rights — Provisional Measures — Risk of Irreparable Harm
Where a convicted person is not in detention and has not obtained exemption from execution of sentence, and domestic law invalidates cassation appeals by persons not in detention, there exists a risk of irreparable harm warranting provisional measures to stay execution of the sentence pending determination of the human rights application.
Human Rights — Provisional Measures — Effect on Merits
An order for provisional measures is necessarily provisional and does not in any way prejudge the findings the Court might make as regards its jurisdiction, admissibility of the application, or the merits of the matter.

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 Jumo v United Republic of Tanzania (Application No. 024/2016)

Full judgment

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

Ajavon v Republic of Benin (Application No. 013-2018) [2018] AfCHPR 18 (7 December 2018)
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.