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Akouedenoudje v Republic of Benin (Application No. 024-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 29 · 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 an inter-ministerial order
Decision
Request for provisional measures dismissed; main application on merits remains pending

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 dismissed the applicant's request for provisional measures seeking a stay of execution of an inter-ministerial order prohibiting issuance of acts of authority to persons wanted by judicial authorities. The Court found it had prima facie jurisdiction despite Benin's withdrawal of its Declaration, as withdrawal has no retroactive effect on pending cases. However, the applicant failed to demonstrate urgency or imminent irreparable harm, providing no evidence that he or any specifically designated person faced a real and imminent risk requiring provisional measures.

Outcome

Request for provisional measures dismissed; main application on merits remains pending

Facts

On 22 July 2019, the Ministry of Justice and Ministry of the Interior of Benin issued Inter-Ministerial Order No. 023 prohibiting the issuance of acts of authority to persons wanted by judicial authorities. The applicant, a Benin citizen, filed an application on 4 August 2020 challenging this order as inconsistent with fundamental human rights, specifically the presumption of innocence and right to nationality. He requested provisional measures for a stay of execution of the order pending judgment on the merits. On 25 March 2020, Benin deposited an instrument withdrawing its Declaration under Article 34(6) of the Protocol accepting the Court's jurisdiction to receive individual applications. The applicant did not provide evidence that he personally was refused any acts of authority under the challenged order.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the request for provisional measures given the Respondent State's withdrawal of its Declaration under Article 34(6) of the Protocol.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol are satisfied, namely extreme gravity, urgency, and the need to avoid irreparable harm to persons.

Orders

  • Applicant's request for provisional measures dismissed.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction — Effect of Withdrawal of Declaration
Withdrawal of a State's Declaration under Article 34(6) of the Protocol to the African Charter does not have retroactive effect and has no bearing on cases pending before the African Court on Human and Peoples' Rights at the time of withdrawal, as withdrawal only takes effect twelve months after deposit of the instrument of withdrawal.
Human Rights — Provisional Measures — Standard for Grant — Extreme Gravity and Urgency
Under Article 27(2) of the Protocol, provisional measures may be granted only in cases of extreme gravity and urgency when necessary to avoid irreparable harm to persons; urgency implies a real and imminent risk being caused before the Court renders its final decision, which excludes purely hypothetical risks.
Human Rights — Provisional Measures — Irreparable Harm — Burden of Proof
For provisional measures to be granted, there must exist a reasonable probability of materialization of irreparable damage having regard to the context and personal situation of the applicant; the applicant bears the burden of providing evidence of the reality and imminence of the irreparable damage.

Cases cited (3)

  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Ajavon Sebastien v Republic of Benin (Application No. 062/2019)

Full judgment

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

Akouedenoudje v Republic of Benin (Application No. 024-2020) [2020] AfCHPR 29 (25 September 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.