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Ghannouchi and Others v Republic of Tunisia (Ruling) (Application No. 004-2023)

African Commission on Human and Peoples' Rights · [2024] ACHPR 2 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures in ongoing human rights case before the African Court on Human and Peoples' Rights
Decision
Both requests for provisional measures dismissed; main application remains pending

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed both requests for provisional measures. The Court held that the request for release was identical to a prayer in the main application and could not be determined before examining the merits. The request to remove obstacles to electoral candidacy required assessment of domestic proceedings and facts, falling beyond the scope of provisional measures.

Outcome

Both requests for provisional measures dismissed; main application remains pending

Facts

Five Tunisian nationals filed an application alleging human rights violations by Tunisia following presidential decrees issued between July and October 2021, dissolution of Parliament, and arrests of political opponents. The Third Applicant's father, Ghazi Chaouachi, a lawyer and politician, was arrested on 25 February 2023 and prosecuted for undermining State security and disseminating false news. He remained in pre-trial detention without access to lawyers or doctors despite a Court of Appeal order of 28 August 2023. The Third Applicant sought provisional measures to secure his father's release and remove obstacles to his candidacy in the October 2024 presidential elections. The deadline for filing candidacy applications was 6 August 2024. The Respondent State did not respond to the request for provisional measures.

Issues

  1. Whether the Court has prima facie jurisdiction to examine the request for provisional measures.
  2. Whether the Third Applicant's father should be released from pre-trial detention pending the determination of the main application.
  3. Whether the Court should order the removal of obstacles preventing the Third Applicant's father from standing in the October 2024 presidential elections.

Orders

  • Dismisses the Third Applicant's request that his father should be released.
  • Dismisses the Third Applicant's request that all obstacles preventing his father from standing in elections, in particular in the 6 October 2024 presidential elections, are removed.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction — Standard of Review
When deciding on requests for provisional measures, the Court does not have to satisfy itself that it has jurisdiction to examine the merits of the case, but only that it has prima facie jurisdiction.
Provisional Measures — Requirements — Extreme Gravity, Urgency, and Irreparable Harm
The requirements of urgency or extreme gravity and irreparable harm are cumulative, so that if one of them is lacking, the provisional measures requested cannot be ordered. Provisional measures are preventive in nature and can only be granted if a party shows proof of the existence of required conditions.
Provisional Measures — Scope — Distinction from Merits
Where a request for provisional measures is identical to a prayer on the merits of the main application, the Court cannot rule thereon before examining the merits of the case.
Provisional Measures — Assessment of Domestic Proceedings — Limits of Provisional Relief
A request for provisional measures that requires assessment of domestic proceedings and facts in the respondent State falls beyond the scope of provisional measures and under the merits of the case.
Case-by-Case Approach — Precedent — Distinguishing Cases
The Court cannot determine the prayers of different applicants in respect of merits and provisional measures when they are not factually and legally identical and do not involve the same legal outcome. The Court adopts a case-by-case approach in dealing with each case taking into account its context, facts, and subject matter.

Legislation cited (10)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • 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 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 34(6)
  • Rules of Court Rule 9(2)
  • Rules of Court Rule 49(1)
  • Rules of Court Rule 59(1)
  • African Charter on Human and Peoples' Rights Articles 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 13, 16, 26
  • International Covenant on Civil and Political Rights Articles 2, 6, 7, 9, 10, 14, 15, 17, 19, 21, 22, 25
  • International Covenant on Economic, Social and Cultural Rights Article 12

Cases cited (10)

  • African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Provisional Measures) (25 March 2011)
  • Komi Koutche v Republic of Benin (Provisional Measures) (2 December 2019)
  • Ghati Mwita v United Republic of Tanzania (Provisional Measures) (9 April 2020)
  • Symon Vuwa Kaunda & 5 Others v Republic of Malawi (Provisional Measures) (11 June 2021)
  • Sébastien Germain Marie Aïkoue Ajavon v Republic of Benin (Provisional Measures) (17 April 2020)
  • Sébastien Germain Marie Aïkoue Ajavon v Republic of Benin (Provisional Measures) (1 April 2021)
  • Adama Diarra alias Vieux Blen v Republic of Mali (Provisional Measures)
  • Guillaume Kigbafori Soro and Others v Republic of Côte d'Ivoire (Application No. 012-2020)
  • Guillaume Kigbafori Soro and Others v Republic of Côte d'Ivoire (Provisional Measures) (15 September 2020)
  • Moadh Kheriji Ghannouchi and Others v Republic of Tunisia (Application No. 004-2023)

Full judgment

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

Ghannouchi and Others v Republic of Tunisia (Ruling) (Application No. 004-2023) [2024] ACHPR 2 (3 October 2024)
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.