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Mugesera v Republic of Rwanda (Application No. 012-2017)

African Court on Human and Peoples' Rights · [2017] AfCHPR 124 · 2017 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 alleging violations of human rights during detention and criminal proceedings in Rwanda
Decision
Provisional measures granted requiring Rwanda to provide the applicant with access to lawyers, family, and medical care pending determination of the main application

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Holding

The African Court on Human and Peoples' Rights unanimously ordered provisional measures requiring Rwanda to allow the applicant access to his lawyers and family, and to provide all required medical care. The Court found it had prima facie jurisdiction as the application was filed before Rwanda's withdrawal of its declaration took effect, and determined the situation was of extreme urgency requiring measures to avoid irreparable harm.

Outcome

Provisional measures granted requiring Rwanda to provide the applicant with access to lawyers, family, and medical care pending determination of the main application

Facts

Léon Mugesera, a Rwandan national, was held in custody at Nyanza Prison in Rwanda. He had been extradited from Canada and prosecuted before the High Court Chamber for International Crimes and the Supreme Court of Rwanda between 2012 and 2016. He alleged deplorable detention conditions, torture, limited family access, inadequate medical treatment, and lack of access to counsel. He claimed violations during his trial including refusal of remedies, inability to reply to allegations, lack of legal aid, refusal to call witnesses, lack of translation into French, and lack of access to case files. He alleged cruel and degrading treatment including death threats, insufficient food, denial of medical consultations, inadequate lighting affecting his cataracts, lack of psychiatric care, and failure to respect dietary needs. He also alleged obstacles to communicating with his family and lawyers, including telephone line tapping and delayed provision of communication facilities.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application despite Rwanda's withdrawal of its declaration under Article 34(6) of the Protocol.
  2. Whether the applicant's situation constitutes extreme urgency requiring provisional measures to avoid irreparable harm.
  3. Whether the applicant should be granted access to his lawyers, family, and adequate medical care pending determination of the main application.

Orders

  • The Respondent State to allow the Applicant access to his lawyers.
  • The Respondent State to allow the Applicant to be visited by his family members and to communicate with them, without any impediment.
  • The Respondent State to allow the Applicant access to all medical care required, and to refrain from any action that may affect his physical and mental integrity as well as his health.
  • The Respondent State to report to the Court within fifteen (15) days from the date of receipt of this Order, on the measures taken to implement this Order.

Rules and key headnotes

Human Rights — Provisional Measures — Jurisdiction — Temporal Effect of Withdrawal of Declaration
Where a state withdraws its declaration accepting the jurisdiction of the African Court on Human and Peoples' Rights under Article 34(6) of the Protocol, the withdrawal takes effect one year after notification, and applications filed before the effective date of withdrawal fall within the Court's temporal jurisdiction.
Human Rights — Provisional Measures — Prima Facie Jurisdiction
In ordering provisional measures, the Court need not 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 — Test for Grant — Extreme Urgency and Irreparable Harm
Pursuant to Article 27(2) of the Protocol to the African Charter, in cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.
Human Rights — Detention Conditions — Access to Medical Care, Lawyers, and Family
Where an applicant demonstrates serious difficulties in accessing medical care, obstacles to communicating with lawyers, and impediments to family contact while in detention, the situation constitutes extreme urgency requiring provisional measures to avoid irreparable harm to the applicant's physical and mental integrity.

Cases cited (4)

  • African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
  • African Commission on Human and Peoples' Rights v Kenya (Application No. 006/2012)
  • African Commission on Human and Peoples' Rights v Libya (Application No. 004/2011)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)

Full judgment

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

Mugesera v Republic of Rwanda (Application No. 012-2017) [2017] AfCHPR 124 (28 September 2017)
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.