Wakilii

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

African Court on Human and Peoples' Rights · [2021] AfCHPR 20 · 2021 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures following earlier ruling on provisional measures in ongoing human rights case
Decision
Two provisional measures granted (disclosure of expert report and issuance of identity card); remaining measures dismissed

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed most of the Applicant's requests for provisional measures, finding insufficient evidence of urgency and irreparable harm regarding medical care and bank account access. The Court unanimously dismissed requests for stay of arrest warrants and public apology. However, the Court ordered the Respondent State to disclose the expert report from the CRIET proceedings and to issue a valid national identity card to the Applicant, finding these measures necessary to prevent irreparable harm. Four judges dissented on the dismissal of medical care and bank account measures.

Outcome

Two provisional measures granted (disclosure of expert report and issuance of identity card); remaining measures 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 a stay of execution of the CRIET judgment. Despite this order, the Applicant filed two further requests for provisional measures in July and August 2021, alleging that his health was deteriorating, he could not access medical care due to fear of arrest, his bank accounts remained frozen, and he lacked a valid identity card. He claimed he could not attend a property hearing scheduled for December 2021 and risked losing his property. The Respondent State had withdrawn its declaration accepting individual applications to the Court in March 2020, but the Court held this did not affect pending cases.

Issues

  1. Whether the Court should order the Respondent State to remove obstacles to the Applicant's access to medical care and protection.
  2. Whether the Court should order a stay of arrest warrants issued pursuant to the CRIET judgment of 25 July 2019.
  3. Whether the Court should order the Respondent State to disclose an expert report relied upon in the CRIET proceedings.
  4. Whether the Court should order the Respondent State to unfreeze the Applicant's bank accounts.
  5. Whether the Court should order the issuance of a valid national identity card to the Applicant.
  6. Whether the Court should order measures to protect the Applicant's rights in proceedings before the Cotonou Court.

Orders

  • Dismisses the requests for provisional measures 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

Provisional Measures — Requirements of Urgency and Irreparable Harm
Under Article 27(2) of the Protocol to the African Charter, provisional measures may be granted in cases of extreme gravity or urgency 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, and the risk must be real rather than purely hypothetical. Irreparable harm requires a reasonable probability of materialization having regard to the context and personal situation of the applicant.
Provisional Measures — Burden of Proof
An applicant seeking provisional measures must provide evidence beyond mere assertions to demonstrate urgency and irreparable harm. Where an applicant alleges serious health problems requiring urgent treatment but provides no medical evidence, the Court may find that the requirements for provisional measures have not been sufficiently demonstrated.
Provisional Measures — Disclosure of Evidence
Where a respondent state fails to disclose an expert report relied upon in domestic proceedings and does not contest the allegation of non-disclosure or question the importance attached to it by the applicant, the Court may order disclosure of the report as a provisional measure. Disclosure is necessary where failure to disclose is likely to cause irreparable harm to the applicant's ability to assert his rights before the Court.
Provisional Measures — Identity Documents and Access to Rights
Where a respondent state has failed to comply with a previous judgment ordering repeal of a decree prohibiting issuance of identity documents to an applicant, and this failure prevents the applicant from accessing bank accounts and other services, the Court may order issuance of a valid national identity card as a provisional measure to prevent irreparable harm.
Provisional Measures — Repetition of Previous Orders
Where the Court has previously ordered a stay of execution of a judgment and that order remains effective, there is no need to issue the same order again in response to a subsequent request for provisional measures based on the same underlying judgment.
Jurisdiction — Withdrawal of Declaration Under Article 34(6)
Where a state has withdrawn its declaration accepting the Court's jurisdiction to receive applications from individuals, the withdrawal does not affect the Court's personal jurisdiction over applications filed before the withdrawal came into effect. Furthermore, requests for provisional measures filed after the withdrawal came into force do not affect the Court's jurisdiction where the requests relate to an application on the merits filed before the withdrawal.

Legislation cited (17)

  • 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)
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 13(3)
  • African Charter on Human and Peoples' Rights Article 14
  • International Covenant on Civil and Political Rights Article 2(3)
  • International Covenant on Civil and Political Rights Article 4(2)
  • International Covenant on Civil and Political Rights Article 7
  • 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)
  • Universal Declaration of Human Rights Article 8
  • Universal Declaration of Human Rights Article 10
  • Universal Declaration of Human Rights Article 11
  • Universal Declaration of Human Rights Article 23
  • International Covenant on Economic, Social and Cultural Rights Article 6
  • International Covenant on Economic, Social and Cultural Rights Article 11

Cases cited (5)

  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 004/2020)
  • Ingabire Victoire Umuhoza v Republic of Rwanda (Jurisdiction)
  • Ajavon Sebastien v Republic of Benin (Application No. 062/2019)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Mohammed Sambo Dasuki v Nigeria (ECOWAS Court of Justice Judgment No. ECW/CCJ/JUD/23/16)

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 20 (22 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.