Wakilii

Ajavon v Republic of Benin (Application No.027-2020)

African Court on Human and Peoples' Rights · [2021] AfCHPR 48 · 2021 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 following criminal conviction by the Economic Crimes and Terrorism Court of Benin
Decision
Provisional measures granted — stay of execution ordered pending determination of the application 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 ordered a stay of execution of a criminal judgment sentencing the applicant to 20 years imprisonment and substantial damages, finding that the arrest warrant and risk of asset seizure created urgency and irreparable harm pending determination of the merits. The Court held it had prima facie jurisdiction despite Benin's withdrawal of its Article 34(6) declaration, as the withdrawal does not affect cases filed before it takes effect.

Outcome

Provisional measures granted — stay of execution ordered pending determination of the application on the merits

Facts

The applicant, a Beninese national, was convicted by the Economic Crimes and Terrorism Court (CRIET) of Benin on 1 March 2021 for forgery and fraud. He was sentenced to 20 years imprisonment, fined 400,000 CFA francs, and ordered to pay damages totalling over 140 billion CFA francs. An arrest warrant was issued. The applicant alleged that neither he nor his advocate were invited to acquaint themselves with the case file before judgment, and that at the 1 March 2021 hearing the judge refused to allow his advocate to defend him on the criminal aspect because he had not appeared physically, despite a letter informing the judge of his absence. The applicant's movable and immovable property was already in the custody of the Respondent State. The applicant filed an application on the merits with the African Court on 11 June 2020, alleging violations of his rights to a fair trial, property, and adequate housing. He sought provisional measures to stay execution of the CRIET judgment pending determination of his application.

Issues

  1. Whether the Court has prima facie jurisdiction to order provisional measures in an application filed before the withdrawal of Benin's declaration under Article 34(6) of the Protocol takes effect.
  2. Whether the circumstances of urgency and irreparable harm justify ordering a stay of execution of the CRIET judgment pending determination of the application on the merits.

Orders

  • Stay of execution of Judgment No. 41/CRIET/CJ/1S. Cor of 1 March 2021 issued by the Trial Chamber of the CRIET ordered, pending examination of the application on the merits.
  • Respondent State to report to the Court within thirty (30) days from the date of notification of this Ruling on the measures taken to implement the order.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction — Withdrawal of Declaration under Article 34(6)
The withdrawal of a State's declaration under Article 34(6) of the Protocol to the African Charter accepting the Court's jurisdiction to receive applications from individuals has no retroactive effect and does not affect pending cases or new cases filed before the withdrawal takes effect one year after deposit of the instrument of withdrawal.
Human Rights — Provisional Measures — Standard for Granting — Prima Facie Jurisdiction
In ordering provisional measures, the Court need not satisfy itself that it has jurisdiction on the merits of the case, but only that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Urgency and Irreparable Harm — Arrest Warrant
An arrest warrant issued following a criminal conviction places an applicant at risk of irreparable harm if executed, satisfying the requirement of urgency for the grant of provisional measures to stay execution of the judgment.
Human Rights — Provisional Measures — Irreparable Harm — Risk of Asset Seizure
Where an applicant's movable and immovable property is already in the custody of the State and there is a real risk that the property will be sold following a civil conviction for substantial damages, there is irreparable harm justifying provisional measures to stay execution of the judgment.

Legislation cited (14)

  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 18
  • 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 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 34(6)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(3)
  • International Covenant on Civil and Political Rights Article 14(3)
  • Beninese Code of Criminal Procedure Article 428
  • Beninese Code of Criminal Procedure Article 594
  • Beninese Code of Criminal Procedure Article 132

Cases cited (6)

  • Houngue Eric Noudehouenou v Republic of Benin (Application No.003/2020)
  • Komi Koutche v Republic of Benin (Application No.020/2019)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Jurisdiction) [2016] 1 AfCLR 585
  • Sébastien Ajavon v Republic of Benin (Application No.062/2019)
  • Application of the Convention on the Prevention and Punishment of Genocide (Gambia v Myanmar) [2020] ICJ
  • Sébastien Germain Ajavon v Republic of Benin (Application No.013/2017)

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.027-2020) [2021] AfCHPR 48 (1 April 2021)
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.