Wakilii

Koutche v Republic of Benin (Application No. 020-2019)

African Court on Human and Peoples' Rights · [2019] AfCHPR 99 · 2019 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
Decision
Provisional measure granted staying passport cancellation procedure pending final judgment; other requests dismissed or declared moot

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights held that it has prima facie jurisdiction to hear the application. The Court granted a provisional measure ordering the Respondent State to stay the procedure of cancellation of the Applicant's passport until final judgment, finding urgency and risk of irreparable harm. The Court dismissed requests relating to suspension of criminal proceedings, rescission of arrest warrant, and rescission of inter-ministerial order as relating to the merits or lacking demonstrated urgency.

Outcome

Provisional measure granted staying passport cancellation procedure pending final judgment; other requests dismissed or declared moot

Facts

Komi Koutche, a Beninese politician residing in the United States with asylum seeker status in Spain, has been subject to judicial proceedings in Benin since March 2018 for alleged misappropriation of public funds. On 27 August 2018, Benin authorities issued a letter cancelling his passport with instructions to arrest him. On 17 September 2018, Benin transmitted to INTERPOL an arrest warrant dated 4 April 2018 that had been revoked on 6 April 2018. On 14 December 2018, the Applicant was arrested in Madrid based on INTERPOL information. Benin requested extradition on 17 December 2018 and 28 January 2019. On 10 May 2019, the Spanish Audiencia Nacional rejected the extradition request. INTERPOL subsequently removed the red notice and erased the Applicant's passport information from its database. The Applicant filed this application on 23 April 2019 seeking provisional measures.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the request for suspension of extradition proceedings has been overtaken by events.
  3. Whether the request to participate in legislative elections should be determined.
  4. Whether the request for suspension of criminal proceedings relates to the merits and should be dismissed.
  5. Whether the request to rescind the arrest warrant and inter-ministerial order demonstrates extreme gravity or urgency.
  6. Whether the procedure for cancellation of the applicant's passport creates a situation of urgency and risk of irreparable harm warranting provisional measures.

Orders

  • Request for suspension of extradition by Spanish authorities declared moot.
  • No finding made on request to participate in legislative elections of 28 April 2019.
  • Request for suspension of proceedings before CRIET dismissed.
  • Request to rescind arrest warrant of 27 December 2018 dismissed.
  • Request to rescind Inter-ministerial order of 22 July 2019 dismissed.
  • Respondent State ordered to stay the procedure of cancellation of Applicant's passport until final judgment.
  • Respondent State ordered to report to the Court within fifteen days on measures taken to implement the order.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
For provisional measures, the African Court on Human and Peoples' Rights does not have to ensure that it has jurisdiction on the merits of the case, but simply that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
Under Article 27(2) of the Protocol and Rule 51(1) of the Rules, the African Court is empowered to make provisional measures not only in cases of extreme gravity or urgency and when necessary to avoid irreparable harm to persons, but also in the interest of the parties or of justice.
Human Rights — Provisional Measures — Requests Relating to Merits
A request for suspension of criminal proceedings pending before a domestic court relates to the merits of the case and will be dismissed at the provisional measures stage.
Human Rights — Provisional Measures — Passport Cancellation — Urgency and Irreparable Harm
Where an applicant lives abroad and a procedure for cancellation of his passport has been initiated, the passport being his main identification and travel document giving access to work and public services necessary to his living conditions, the circumstances reveal a situation of urgency and risk of irreparable harm warranting a provisional measure to stay the cancellation procedure.

Legislation cited (17)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 12(2)
  • African Charter on Human and Peoples' Rights Article 13
  • Protocol to the African Charter on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights Article 3(1)
  • Protocol to the African Charter on Human and Peoples' Rights Article 5(3)
  • Protocol to the African Charter on Human and Peoples' Rights Article 27
  • Protocol to the African Charter on Human and Peoples' Rights Article 27(1)
  • Protocol to the African Charter on Human and Peoples' Rights Article 27(2)
  • Protocol to the African Charter on Human and Peoples' Rights Article 34(6)
  • Constitution of Benin s.25
  • ECOWAS Protocol on Free Movement of Persons Article 2
  • ICCPR Article 12
  • UDHR Article 21

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. 020-2019) [2019] AfCHPR 99 (2 December 2019)
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.