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Guillaume Kigbafori Soro and Others v Republic of Cote D'Ivoire (Application No. 012-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 48 · 2020 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
Decision
Provisional measures granted; arrest and detention warrants stayed; Applicants to be released on bail pending determination of the main application

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it has prima facie jurisdiction and that the conditions for provisional measures were met. The Court ordered the Republic of Côte d'Ivoire to stay the execution of the arrest warrant against Guillaume Kigbafori Soro and the detention warrants against all Applicants, and to release those detained on bail, pending determination of the merits.

Outcome

Provisional measures granted; arrest and detention warrants stayed; Applicants to be released on bail pending determination of the main application

Facts

Twenty Ivorian nationals, including a former Prime Minister, former Speaker of the National Assembly, current parliamentarians, and political party leaders, were indicted on 20 December 2019 for embezzlement of public funds, money laundering, funding terrorism, and plotting to overthrow the government. An arrest warrant was issued against Guillaume Kigbafori Soro, who was abroad, while the other nineteen Applicants were arrested between 23 and 24 December 2019 and placed in custody. On 8 January 2020, the State Prosecutor requested the Cassation Court to appoint an investigating judge. The Applicants filed an application before the African Court alleging violations of their rights under the African Charter and the ICCPR, and sought provisional measures to stay the arrest and detention warrants. Presidential elections were scheduled for October 2020, and Guillaume Kigbafori Soro had declared his intention to stand as a candidate.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol — extreme gravity, urgency, and risk of irreparable harm — are satisfied.
  3. Whether the arrest and detention warrants against the Applicants should be stayed pending determination of the main application.

Orders

  • Stay the execution of the arrest warrant against Guillaume Kigbafori Soro.
  • Stay the execution of the detention warrants against all twenty Applicants and release them on bail.
  • Report to the Court on the implementation of the provisional measures within thirty (30) days from the date of notification of this Order.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction — African Court on Human and Peoples' Rights
When seized with a request for provisional measures, the African Court on Human and Peoples' Rights need not ascertain whether it has jurisdiction on the merits of the case, but must simply ensure that it has prima facie jurisdiction.
Provisional Measures — Admissibility Requirements — Exhaustion of Local Remedies
In regard to provisional measures, neither the African Charter nor the Protocol provide conditions for admissibility. Consideration of requests for provisional measures is only subject to one condition: determining the prima facie jurisdiction of the Court. The requirement to exhaust local remedies does not apply to applications for provisional measures.
Provisional Measures — Criteria for Grant — Extreme Gravity, Urgency, and Irreparable Harm
Provisional measures can only be ordered in cases of extreme gravity, urgency, and to prevent irreparable harm when all three conditions are met. Extreme gravity presupposes a real and imminent risk that irreparable harm could take place before the Court renders its final judgment. Urgency exists when acts which may cause irreparable harm could take place at any time before the Court renders its final decision.
Arrest and Detention — Presumption of Innocence — Provisional Measures
In criminal matters, considering that the accused enjoys the benefit of doubt and the presumption of innocence, the suspension of a detention order during investigation is a measure which will not only preserve the rights of everyone but would also prevent serious and irreparable consequences.
Political Rights — Arrest Warrants Against Political Candidates — Provisional Measures
The execution of arrest or detention warrants against political personalities, including one who has declared his intention to stand for elections when the elections are only a few months away, could seriously compromise the freedom and political rights of the applicants. This constitutes a situation of extreme urgency justifying provisional measures to stay the warrants and maintain the status quo ante pending judgment on the merits.

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 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
  • 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 8(2)
  • Rules of Court Rule 51
  • Rules of Court Rule 51(1)
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 12
  • African Charter on Human and Peoples' Rights Article 11
  • International Covenant on Civil and Political Rights Article 14
  • International Covenant on Civil and Political Rights Article 23
  • Ivorian Criminal Procedure Code Article 220
  • Ivorian Penal Code Article 162
  • Ivorian Penal Code Article 163

Cases cited (5)

  • Amini Juma v United Republic of Tanzania (Provisional Measures) (2016) 1 RJCA 687
  • African Commission on Human and Peoples' Rights v Libya (Provisional Measures) (2013) 1 RJCA 149
  • Armand Guéhi v United Republic of Tanzania (Application No. 001/2015)
  • Sébastien Germain Marie Aïkoue Ajavon v Republic of Benin (Application No. 062/2019)
  • Salvador Jorge Blanco v Dominican Republic (IACHR Application No. 10208)

Full judgment

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Guillaume Kigbafori Soro and Others v Republic of Cote D'Ivoire (Application No. 012-2020) [2020] AfCHPR 48 (22 April 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.