Wakilii

Kalilou and Another v Republic of Cote D'Ivoire

African Court on Human and Peoples' Rights · [2020] AfCHPR 37 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Request for provisional measures in applications alleging human rights violations
Decision
Request for provisional measures dismissed; main applications remain pending

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed the applicants' request for provisional measures. The Court held that it has prima facie jurisdiction despite Cote d'Ivoire's withdrawal of its Article 34(6) Declaration, as withdrawal has no retroactive effect and does not affect pending matters. The Court found that the prayers for provisional measures were closely related to the merits and that the applicants failed to provide evidence supporting their request despite being given additional time to do so.

Outcome

Request for provisional measures dismissed; main applications remain pending

Facts

The applicants, Konate Kalilou and Doumbia Ibrahim, are Ivorian nationals serving twenty-year sentences at Maca Prison in Abidjan. On 14 June 2012, they were convicted by the Court of First Instance of Divo for armed robbery and sentenced to twenty years imprisonment. On appeal, the Court of Appeal in Daloa reduced the sentence to fifteen years on 21 March 2013. The Supreme Court dismissed their further appeal on 24 February 2014. The applicants filed applications before the African Court alleging violations of their rights under the African Charter and ICCPR, claiming they were denied legal counsel during interrogation and suffered mental torture. They requested provisional measures including medical treatment and protection from psychological pressure by prison staff. On 29 April 2020, Cote d'Ivoire deposited an instrument withdrawing its Article 34(6) Declaration accepting the Court's jurisdiction.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the applications.
  2. Whether the withdrawal of the Respondent State's Article 34(6) Declaration affects the Court's jurisdiction over pending matters.
  3. Whether the applicants have established extreme gravity and urgency warranting provisional measures.
  4. Whether the applicants have demonstrated risk of irreparable harm requiring interim relief.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
For the purpose of issuing a ruling on provisional measures, the Court need not establish that it has jurisdiction on the merits of the application, but must simply satisfy itself that it has prima facie jurisdiction.
Human Rights — Withdrawal of Declaration — Effect on Pending Matters
The withdrawal of a State's Article 34(6) Declaration accepting the Court's jurisdiction does not have retroactive effect and has no bearing on matters pending prior to the filing of the withdrawal. Any withdrawal takes effect twelve months after the instrument of withdrawal is deposited.
Human Rights — Provisional Measures — Requirements for Grant
Provisional measures may be adopted only in cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons. The applicant bears the burden of providing evidence in support of the request for provisional measures.
Human Rights — Provisional Measures — Relationship to Merits
Where the prayers contained in a request for provisional measures are closely related to the prayers on the merits, and the applicant fails to provide evidence supporting the request despite being given additional time, the request for provisional measures will be dismissed.

Cases cited (5)

  • Amini Juma v United Republic of Tanzania (Provisional Measures) (2016) 1 AfCLR 687
  • African Commission on Human and Peoples' Rights v Libya (Provisional Measures) (2013) 1 AfCLR 149
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Ingabire Victoire Umuhoza v Rwanda (Jurisdiction) (2016) 1 AfCLR 562
  • Armand Guehi v United Republic of Tanzania (Provisional Measures) (2016) 1 AfCLR 611

Full judgment

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

Kalilou and Another v Republic of Cote D'Ivoire [2020] AfCHPR 37 (15 July 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.