Wakilii

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

African Court on Human and Peoples' Rights · [2021] AfCHPR 62 · 2021 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures in ongoing human rights proceedings concerning a criminal conviction
Decision
Two provisional measures granted; remaining requests dismissed

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 provisional measures requests filed after Benin's withdrawal declaration took effect, where those requests relate to an application filed before the withdrawal. The Court dismissed most provisional measures requests for failure to demonstrate urgency and irreparable harm, but ordered Benin to disclose the expert report from the CRIET proceedings and to issue a valid national identity card to the Applicant.

Outcome

Two provisional measures granted; remaining requests dismissed

Facts

The Applicant, a Beninese national, was convicted by the Court for the Repression of Economic Crimes and Terrorism (CRIET) on 25 July 2019 and sentenced to ten years' imprisonment for abuse of office and unauthorised use of title. The CRIET issued an arrest warrant and ordered him to pay CFA 1,277,995,474 in compensation. On 6 May 2020, the African Court ordered Benin to stay execution of the CRIET judgment pending final determination of the Applicant's human rights application. The Applicant filed two further requests for provisional measures in July and August 2021, alleging that despite the Court's earlier order, he remained in hiding, unable to access medical care, his bank accounts were frozen, and he could not obtain a national identity card. He claimed his health was deteriorating and he faced arrest if he sought treatment. Benin withdrew its declaration accepting individual applications to the African Court in March 2020, with the withdrawal taking effect on 26 March 2021.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the requests for provisional measures filed after the withdrawal of Benin's declaration under Article 34(6) of the Protocol came into effect.
  2. Whether the Applicant has demonstrated extreme gravity, urgency, and risk of irreparable harm sufficient to warrant provisional measures to remove obstacles to medical care.
  3. Whether the Court should order a stay of the arrest warrant issued pursuant to the CRIET judgment of 25 July 2019.
  4. Whether the Respondent State should be ordered to disclose the expert report relied upon in the CRIET proceedings.
  5. Whether the Court should order the unfreezing of the Applicant's bank accounts.
  6. Whether the Court should order the issuance of a valid national identity card to the Applicant.
  7. Whether the Court should order provisional measures to protect the Applicant's rights in proceedings before the Cotonou Court.

Orders

  • Dismisses the requests for provisional measure relating to obstacles to medical care and protection.
  • Dismisses the requested provisional measures to unfreeze the Applicant's bank account and to remove obstacles to his presence before the Cotonou Court.
  • Dismisses the request to stay execution of the arrest warrant pursuant to the CRIET's judgment of 25 July 2019.
  • Dismisses the request for a public apology.
  • Dismisses the request regarding observance of the Applicant's rights by the Cotonou Court.
  • Orders the Respondent State to disclose to the Applicant or his Counsel the expert report referred to in the CRIET judgment of 25 July 2019.
  • Orders the Respondent State to take all measures to issue a valid national identity card to the Applicant.
  • Orders the Respondent State to report to the Court on the implementation of the measures ordered within fifteen (15) days of notification of this Ruling.

Rules and key headnotes

Jurisdiction — Withdrawal of Declaration — Effect on Pending Cases and Related Applications
Where a State has withdrawn its declaration under Article 34(6) of the Protocol accepting the jurisdiction of the African Court to receive applications from individuals, the withdrawal does not affect the Court's personal jurisdiction over applications filed before the withdrawal took effect, nor over subsequent provisional measures requests that relate to those pending applications.
Provisional Measures — Prima Facie Jurisdiction — Standard of Review
In matters of requests for provisional measures under Article 27(2) of the Protocol, the Court does not have to satisfy itself that it has jurisdiction over the merits of the case but simply that it has prima facie jurisdiction.
Provisional Measures — Requirements — Extreme Gravity, Urgency, and Irreparable Harm
Provisional measures may be granted only in cases of extreme gravity or urgency and when necessary to avoid irreparable harm to persons. Urgency means a real and imminent risk that irreparable harm will be caused before the Court renders its final judgment. The risk must be real, not purely hypothetical, and there must exist a reasonable probability of materialization having regard to the context and the personal situation of the applicant.
Provisional Measures — Medical Care — Burden of Proof
An applicant seeking provisional measures to remove obstacles to medical care must provide evidence of poor health beyond mere assertions. Failure to provide such evidence means the applicant has not sufficiently demonstrated the urgency and irreparable harm required by Article 27 of the Protocol.
Provisional Measures — Disclosure of Evidence — Fair Trial Rights
Where an applicant was convicted on the basis of an expert report that was not disclosed during the proceedings and the respondent State does not contest the failure to disclose or question the importance of the report, disclosure of the report is necessary for the applicant to assert his rights and failure to disclose is likely to cause irreparable harm justifying provisional measures.
Provisional Measures — Identity Documents — Access to Banking Services
Where a State's failure to comply with a judgment ordering repeal of a decree preventing issuance of identity documents causes an applicant to be unable to access banking services, and there is a real possibility of irreparable harm resulting from this inability, provisional measures may be granted ordering issuance of the identity document.

Legislation cited (23)

  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 7(1)
  • 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 13(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 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 28(7)
  • 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 7
  • 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 Economic, Social and Cultural Rights Article 6
  • Universal Declaration of Human Rights Article 8
  • Universal Declaration of Human Rights Article 10
  • Universal Declaration of Human Rights Article 23

Cases cited (4)

  • Houngue Éric Noudehouenou v Republic of Benin (Application No. 004/2020)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Jurisdiction)
  • Ajavon Sébastien v Republic of Benin (Application No. 062/2019)
  • Houngue Éric Noudehouenou v Republic of Benin (Application No. 003/2020)

Full judgment

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

Noudehouenou v Republic of Benin (Application No. 004-2020) [2021] AfCHPR 62 (15 November 2021)
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.