Wakilii

Noudehouenou v Republic of Benin (Application No. 004-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 59 · 2020 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 conviction by the Court for Repression of Economic Crimes and Terrorism (CRIET) in Benin
Decision
Stay of execution of CRIET judgment granted; other provisional measures dismissed; matter to proceed to hearing on the merits

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 held that it has prima facie jurisdiction to consider the application for provisional measures despite Benin's withdrawal of its Article 34(6) Declaration, as the withdrawal does not have retroactive effect and takes effect twelve months after deposit. The Court ordered a stay of execution of the CRIET judgment of 25 July 2019 against the Applicant, finding extreme gravity and risk of irreparable harm given that Benin's Criminal Procedure Code Article 594 renders appeals void for convicts not in detention or granted exemption from serving their sentence. The Court dismissed other requests for provisional measures relating to the Applicant's personal safety and his family's protection for lack of evidence demonstrating extreme gravity, urgency, or imminent risk of irreparable harm.

Outcome

Stay of execution of CRIET judgment granted; other provisional measures dismissed; matter to proceed to hearing on the merits

Facts

The Applicant, a Beninese economist and tax specialist, was arrested on 20 February 2018 by unidentified individuals and charged with embezzlement of public funds. By decision of 20 March 2019, the Investigating Committee of the Court for the Repression of Economic Crimes and Terrorism (CRIET) referred him to trial with an additional charge of complicity in abuse of office. On 25 July 2019, CRIET tried him in absentia, convicted him, and sentenced him to ten years' imprisonment for abuse of office and usurpation of title, issuing an international arrest warrant. He was also ordered to pay 1,277,995,474 CFA francs in compensation. The Applicant lodged an appeal on 26 July 2019, but contended that Benin law prohibited appeals from CRIET judgments and that Article 594 of the Criminal Procedure Code renders appeals void for convicts not in detention or granted exemption from serving their sentence. On 25 March 2020, Benin deposited an instrument withdrawing its Declaration under Article 34(6) of the Protocol accepting individual applications to the African Court. The Applicant filed this application for provisional measures on 21 January 2020, seeking a stay of execution of the CRIET judgment and protection for himself and his family.

Issues

  1. Whether the Court has prima facie jurisdiction to consider the application for provisional measures despite the Respondent State's withdrawal of its Article 34(6) Declaration.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol are satisfied, namely extreme gravity, urgency, and risk of irreparable harm.
  3. Whether the execution of the CRIET judgment of 25 July 2019 should be stayed pending the Court's final decision on the merits.
  4. Whether provisional measures should be granted to protect the Applicant's liberty, security, and physical and moral integrity.
  5. Whether provisional measures should be granted to protect the liberty and security of the Applicant's family members.

Orders

  • The Respondent State is ordered to stay the execution of the judgment of 25 July 2019 of the Court for Repression of Economic Crimes and Terrorism against the Applicant, Houngue Eric Noudehouenou, until the final judgment of this Court is rendered on the merits.
  • The Respondent State is requested to report on the implementation of this Order within 15 days of receipt.
  • All other prayers made are dismissed.

Rules and key headnotes

Jurisdiction — Effect of Withdrawal of Article 34(6) Declaration — Non-Retroactivity
The withdrawal of a Declaration deposited pursuant to Article 34(6) of the Protocol to the African Charter does not have retroactive effect and has no bearing on matters pending prior to the filing of the Declaration; any withdrawal takes effect twelve months after the instrument of withdrawal is deposited.
Provisional Measures — Prima Facie Jurisdiction — Standard of Review
In determining requests for provisional measures, the Court does not have to ensure that it has jurisdiction over the merits of the case, but only that it has prima facie jurisdiction.
Provisional Measures — Admissibility — No Separate Admissibility Requirements
In the case of provisional measures, neither the Charter nor the Protocol provides for conditions of admissibility, the examination of those measures being subject only to prima facie jurisdiction.
Provisional Measures — Conditions for Grant — Extreme Gravity and Urgency
An order for provisional measures is of a preventive nature and does not prejudge the merits of the application; it can only be granted pendente lite if the basic conditions are met, namely extreme gravity or urgency and the prevention of irreparable harm to persons. Urgency, consubstantial to extreme gravity, means a real and imminent risk that irreparable harm will be caused before the Court renders its final judgment.
Right of Appeal — Stay of Execution Pending Appeal — Irreparable Harm
Where domestic law renders appeals void for convicts not in detention or not granted exemption from serving their sentence, there exists a risk that a sentence of imprisonment will be executed notwithstanding the appeal, especially where an international arrest warrant has been issued; such circumstances reveal a situation of extreme gravity and present a risk of irreparable harm justifying a stay of execution pending the Court's final decision.
Provisional Measures — Burden of Proof — Requirement for Direct and Accurate Evidence
An applicant seeking provisional measures must provide direct and accurate information to demonstrate extreme gravity or urgency and the risk of serious and irreparable harm; the Court cannot rely on mere assertions to grant such a request.

Legislation cited (21)

  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 12(3)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 15
  • 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 5(3)
  • 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 34(6)
  • International Covenant on Civil and Political Rights Article 2(3)
  • International Covenant on Civil and Political Rights Article 12
  • International Covenant on Civil and Political Rights Article 14(1)
  • International Covenant on Civil and Political Rights Article 14(3)
  • International Covenant on Civil and Political Rights Article 14(5)
  • International Covenant on Civil and Political Rights Article 17
  • International Covenant on Civil and Political Rights Article 23
  • Universal Declaration of Human Rights Article 10
  • Universal Declaration of Human Rights Article 23
  • Benin Criminal Procedure Code Article 594
  • Benin Act 2018-13 of 2 July 2018 Article 19

Cases cited (11)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Application No. 003/2014)
  • AboutDHP, Stop at the bottom, Action for the Protection of Human Rights v. Republic of Côte d'Ivoire, November 18, 2016
  • XYZ v Republic of Benin (Application No. 058/2019)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • 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)
  • ICJ, Implementation of the Convention for the Prevention and Punishment of genocide Crime (Gambia v Myanmar), January 23, 2020
  • Alleged violations of the 1955 Treaty of Friendship, Trade and Consular Rights (Islamic Republic of Iran v. United States of America), 3 October 2018
  • Immunity and criminal proceedings (Equatorial Guinea v France), 7 December 2016
  • Sébastien Germain Ajavon v Republic of Benin

Full judgment

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Noudehouenou v Republic of Benin (Application No. 004-2020) [2020] AfCHPR 59 (6 May 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.