Wakilii

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

African Court on Human and Peoples' Rights · [2020] AfCHPR 6 · 2020 Application Dismissed 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 challenging criminal proceedings in Benin
Decision
Request for provisional measures dismissed; proceedings on the merits to continue

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed the applicant's request for provisional measures to stay execution of domestic criminal court judgments. The Court found it had prima facie jurisdiction but held that the request was baseless because the applicant's appeal in cassation had suspensive effect under Benin law, preventing trial until the Supreme Court ruled.

Outcome

Request for provisional measures dismissed; proceedings on the merits to continue

Facts

The applicant, a Benin national, challenged criminal proceedings brought against him before Benin's Court of Repression of Economic Offences and Terrorism (CRIET) for forgery in public writing, complicity in forgery, and fraud. The CRIET investigation chamber rendered a first instance judgment on 29 May 2020 dismissing part of the case and referring him to trial. This was confirmed on appeal on 18 June 2020. The applicant lodged an appeal in cassation on 18 June 2020. He then filed an application with the African Court seeking provisional measures to stay the domestic judgments and any subsequent conviction pending the Court's decision on the merits. The applicant claimed extreme urgency, risk of property confiscation, potential arrest and extradition, and loss of civil and political rights that would prevent him from standing in the 2021 presidential election.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the applicant's request for a stay of execution of domestic court judgments meets the requirements of extreme gravity, urgency, and irreparable harm under Article 27(2) of the Protocol.

Orders

  • Application for provisional measures dismissed.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
In matters of provisional measures, the African Court on Human and Peoples' Rights need not be satisfied that it has jurisdiction on the merits of the case but merely that it has prima facie jurisdiction.
Human Rights — Withdrawal of Declaration — Effect on Pending Cases
The withdrawal of a State's declaration accepting the Court's jurisdiction to receive applications from individuals under Article 34(6) of the Protocol has no retroactive effect and does not affect pending cases or new cases filed before the withdrawal takes effect one year after filing.
Civil Procedure — Provisional Measures — Requirements for Grant
Provisional measures under Article 27(2) of the Protocol require extreme gravity and urgency and that such measures are necessary to avoid irreparable harm to persons. The Court decides on a case by case basis whether to exercise this jurisdiction in light of the particular circumstances.
Civil Procedure — Provisional Measures — Suspensive Effect of Domestic Appeal
Where domestic law provides that an appeal in cassation has suspensive effect preventing trial until the appellate court rules, a request for provisional measures to stay the challenged judgment is baseless as the domestic remedy already provides the protection sought.

Legislation cited (10)

  • 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)
  • Code of Criminal Procedure of Benin Article 578

Cases cited (3)

  • Hongue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Ingabire Victoire Umuhoza v Rwanda (Jurisdiction)

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) [2020] AfCHPR 6 (27 November 2020)
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.