Wakilii

Konate v Burkina Faso (Application No. 004-2013)

African Court on Human and Peoples' Rights · [2013] AfCHPR 39 · 2013 Application Partly Allowed 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 following criminal conviction for libel in Burkina Faso
Decision
Provisional measure for medical care granted; immediate release denied

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 rejected by majority the applicant's request for immediate release as a provisional measure, finding that consideration of this request would adversely affect consideration of the substantive case. The Court unanimously upheld the request for medical care, ordering Burkina Faso to provide the applicant with medication and healthcare during his detention.

Outcome

Provisional measure for medical care granted; immediate release denied

Facts

Lohe Issa Konate, Editor-in-Chief of Ouragan, a Burkina Faso weekly, was convicted by the Ouagadougou High Court of libel. He was sentenced to one year imprisonment and fined 1,500,000 Francs (USD 3,000). In a civil suit, he was ordered to pay 4,500,000 Francs (USD 9,000) as damages and 250,000 Francs (USD 500) as costs. The Applicant was immediately sent to prison. He filed an application with the African Court alleging violations of his right to freedom of expression under Article 9 of the African Charter on Human and Peoples' Rights and Article 19 of the International Covenant on Civil and Political Rights. He sought provisional measures for immediate release or, alternatively, adequate medical care, stating his health had deteriorated since detention.

Issues

  1. Whether the Court should order the immediate release of the Applicant as a provisional measure pending determination of the substantive application.
  2. Whether the Court should order the Respondent to provide the Applicant with adequate medical care during his detention as a provisional measure.

Orders

  • By majority (Justices Ramadhani, Tambala and Thompson dissenting), rejects the Applicant's request for immediate release.
  • Unanimously upholds his request to be provided with medication and health care for the entire period of his detention.
  • Orders the Respondent to provide the Applicant with the medication and health care required.
  • Orders the Respondent to report to the Court within 15 days from receipt of this Order on the measures taken to enforce the said Order.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
Before ordering provisional measures, the Court need not conclusively satisfy itself that it has jurisdiction on the merits of the case, but simply needs to satisfy itself, prima facie, that it has jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
The Court shall adopt provisional measures in cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons.
Human Rights — Provisional Measures — Scope and Limits
Where consideration of a provisional measure sought corresponds in substance to one of the reliefs sought in the substantive case, the Court cannot grant such provisional measure as it would adversely affect consideration of the substantive case.
Human Rights — Provisional Measures — Medical Care in Detention
Where an applicant's health has deteriorated during detention and the respondent state raises no objection to allegations of inadequate medical care, the Court may order the provision of medical care as a provisional measure to prevent irreparable harm.

Full judgment

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

Konate v Burkina Faso (Application No. 004-2013) [2013] AfCHPR 39 (4 October 2013)
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.