Wakilii

Koutche v Republic of Benin (Application No. 013-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 52 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures pending determination of main application alleging violations of the African Charter on Human and Peoples' Rights
Decision
Application for provisional measures dismissed; main application on merits to proceed

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Holding

The African Court on Human and Peoples' Rights dismissed the applicant's request for provisional measures seeking a stay of execution of criminal proceedings before Benin's CRIET court. The Court found it had prima facie jurisdiction but held that the applicant was seeking the same relief previously dismissed in a December 2019 ruling, and no new circumstances had arisen to warrant a different decision.

Outcome

Application for provisional measures dismissed; main application on merits to proceed

Facts

Komi Koutche, a Benin national and economist, filed an application with the African Court alleging violations of Articles 7 and 26 of the African Charter arising from a December 2018 decision of Benin's Constitutional Council. The Constitutional Council had dismissed his appeal challenging the constitutionality of a government audit report covering the National Microfinance Fund. Koutche alleged that this audit formed the basis for criminal proceedings against him before CRIET (Court for the Repression of Economic Crimes and Terrorism), including an international arrest warrant, extradition request, and passport cancellation. On 25 September 2019, CRIET's Investigating Committee referred him to the Criminal Division for trial. Koutche sought provisional measures to stay execution of that referral decision pending determination of his main application. The Court noted that in April 2019, Koutche had filed a similar request for provisional measures in Application No. 020/2019, seeking suspension of the CRIET proceedings, which the Court dismissed on 2 December 2019 as relating to the merits.

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 are satisfied, namely extreme gravity and urgency and the need to avoid irreparable harm to persons.
  3. Whether the request for provisional measures seeks relief that has already been dismissed in a prior ruling.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Provisional Measures — Jurisdiction — Prima Facie Assessment
When an application for provisional measures is filed, the Court need not be satisfied that it has jurisdiction on the merits of the case, but merely that it has prima facie jurisdiction based on Articles 3, 5(3) and 34(6) of the Protocol.
Provisional Measures — Requirements — Extreme Gravity and Urgency
Provisional measures under Article 27(2) of the Protocol are preventive in nature and can only be ordered if the basic requirements are met, namely extreme gravity or urgency and the prevention of irreparable harm to persons. Urgency means there is an irreparable and imminent risk of irreparable harm being caused before the Court renders its final decision.
Provisional Measures — Repeat Applications — Res Judicata Principle
Where an applicant seeks provisional measures that have already been dismissed in a prior ruling, and no new circumstances have occurred between the date of the prior ruling and the filing of the new request that would warrant a different decision, the Court will dismiss the repeat request.

Legislation cited (6)

  • 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)
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 26
  • Rules of Procedure Article 51(1)

Cases cited (4)

  • Koutche v Republic of Benin (Application No. 020/2019)
  • Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Gambia v Myanmar) [2020] ICJ
  • Alleged Violations of the 1955 Treaty of Amity (Iran v United States of America) [2018] ICJ
  • Immunities and Criminal Proceedings (Equatorial Guinea v France) [2016] ICJ

Full judgment

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

Koutche v Republic of Benin (Application No. 013-2020) [2020] AfCHPR 52 (2 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.