Bocoum v Republic of Mali
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 declared that the applicant's request for provisional measures had become moot. The applicant, who had initially sought orders to safeguard his electoral rights after being unable to vote in legislative elections, withdrew his request following the dissolution of parliament and the President's resignation. The Court found it had prima facie jurisdiction but declared the application moot in light of changed circumstances.
Outcome
Request for provisional measures declared moot following applicant's withdrawal in light of changed political circumstances
Facts
Babarou Bocoum, a Malian national and Secretary for Political Affairs of the African Solidarity Party for Democracy and Independence, alleged he was deprived of his right to vote in the legislative elections of 29 March 2020 because he was not registered on the voters' list. He claimed the electoral register had not been revised annually as required by Electoral Law. He filed an application instituting proceedings on 15 June 2020 and a request for provisional measures on 16 June 2020, seeking orders to safeguard his electoral rights. Following demonstrations, deployment of armed forces, dissolution of parliament by the President, and the President's resignation, the Applicant filed a Reply on 17 September 2020 requesting dismissal of his own application for provisional measures on grounds that the circumstances had rendered it moot.
Issues
- Whether the Court has prima facie jurisdiction to entertain the request for provisional measures.
- Whether provisional measures should be granted to safeguard the Applicant's electoral rights pending determination of the main application.
- Whether the request for provisional measures has become moot following dissolution of parliament and resignation of the President.
Orders
- Declares that the request for provisional measures has become moot.
Legislation cited (17)
- 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 5(3)
- 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)
- Rules of Court Rule 39
- Protocol A/SP1/12/01 on Democracy and Good Governance Article 1(b)
- Protocol A/SP1/12/01 on Democracy and Good Governance Article 2(2)
- Protocol A/SP1/12/01 on Democracy and Good Governance Article 3
- Protocol A/SP1/12/01 on Democracy and Good Governance Article 5
- Protocol A/SP1/12/01 on Democracy and Good Governance Article 6
- Protocol A/SP1/12/01 on Democracy and Good Governance Article 7
- International Covenant on Civil and Political Rights Article 25(b)
- International Covenant on Civil and Political Rights Article 26
- African Charter on Democracy, Elections and Governance Article 17
- African Charter on Democracy, Elections and Governance Article 3
- African Charter on Democracy, Elections and Governance Article 10(3)
- African Charter on Human and Peoples' Rights Article 3
- Universal Declaration of Human Rights Article 1
Cases cited (3)
- Suy Bi Gohore Emile and Others v Republic of Cote d'Ivoire (Application No. 044/2019)
- African Commission on Human and Peoples' Rights v Libya (provisional measures)
- Amini Juma v United Republic of Tanzania (provisional measures)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.