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Noudehouenou v Republic of Benin (Application No. 028-2020)

African Court on Human and Peoples' Rights · [2020] AfCHPR 11 · 2020 Application Dismissed 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
Application for provisional measures dismissed unanimously

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 dismissed the applicant's request for provisional measures. The Court found it had prima facie jurisdiction despite Benin's withdrawal of its declaration accepting individual applications, as the withdrawal does not take effect until one year after deposit. However, the Court held that the applicant failed to demonstrate a real and imminent risk of harm. The alleged threats of criminal proceedings under Article 410 of Benin's Criminal Code were found to be hypothetical, with no evidence of actual or imminent proceedings. The request for urgent review of the merits was dismissed as the procedure is not provided for in the Protocol or Rules.

Outcome

Application for provisional measures dismissed unanimously

Facts

The applicant, a Benin national, filed an application on the merits challenging Benin Law No. 2018-02 and a Constitutional Court decision upholding it. He subsequently sought provisional measures, claiming that Benin intended to prosecute him and his counsel under Article 410 of the Criminal Code, which criminalises acts seeking to discredit judicial decisions. The applicant alleged he faced constant threats of arrest to compel withdrawal of his complaints and that his family members were being intimidated. He sought orders staying all criminal proceedings, protecting him from deprivation of liberty, urgent review of the merits, and penalties for non-compliance. Benin responded that Article 410 does not punish the exercise of the right to bring cases and that neither the applicant nor his counsel was subject to criminal proceedings or detention.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application for provisional measures.
  2. Whether the conditions of extreme gravity, urgency, and irreparable harm are satisfied to warrant provisional measures.
  3. Whether the Applicant faces a real and imminent risk of criminal proceedings or deprivation of liberty requiring protective measures.
  4. Whether the Court should order urgent review of the merits of the underlying application.

Orders

  • Application for provisional measures dismissed.

Rules and key headnotes

Human Rights — International Courts — Jurisdiction — Prima Facie Jurisdiction for Provisional Measures
In matters of provisional measures, the African Court on Human and Peoples' Rights need not be satisfied that it has jurisdiction on the merits of the case but merely that it has prima facie jurisdiction.
Human Rights — International Courts — Withdrawal of Declaration — Effect on Pending Cases
The withdrawal of a declaration filed under Article 34(6) of the Protocol to the African Charter has no retroactive effect and does not affect pending cases or new cases filed before the withdrawal takes effect one year after deposit of the withdrawal instrument.
Civil Procedure — Provisional Measures — Conditions for Grant — Extreme Gravity, Urgency, and Irreparable Harm
Provisional measures may be granted only in cases of extreme gravity and urgency when necessary to avoid irreparable harm to persons. Urgency means a real and imminent risk will be caused before final judgment, excluding purely hypothetical risks. Irreparable harm requires a reasonable probability of occurrence having regard to the context and the applicant's personal situation.
Civil Procedure — Provisional Measures — Burden of Proof — Evidence of Real and Imminent Risk
An applicant seeking provisional measures must adduce evidence of the reality or imminence of the threatened harm. Allegations unsupported by evidence are considered hypothetical and insufficient to warrant provisional measures.

Legislation cited (19)

  • 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 34(6)
  • 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)
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 56(5)
  • International Covenant on Civil and Political Rights Article 2
  • International Covenant on Civil and Political Rights Article 14(1)
  • International Covenant on Civil and Political Rights Article 19(2)
  • Universal Declaration of Human Rights Article 8
  • Universal Declaration of Human Rights Article 10
  • Universal Declaration of Human Rights Article 30
  • ECOWAS Protocol on Democracy Article 1(h)
  • ECOWAS Protocol on Democracy Article 33
  • Benin Criminal Code Article 410
  • Benin Law No. 2018-02 of 2 July 2018
  • Benin Organic Law No. 94-027 of 19 March 1999

Cases cited (5)

  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003-2020)
  • Komi Koutche v Republic of Benin (Application No. 020-2019)
  • Ingabire Victoire Umuhoza v Rwanda (Jurisdiction)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 004-2020)
  • Sébastien Ajavon v Republic of Benin (Application No. 062-2019)

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. 028-2020) [2020] AfCHPR 11 (27 November 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.