Wakilii

Pereira v Republic of Guinea-Bissau (Application No. 012-2024)

African Court on Human and Peoples' Rights · [2025] AfCHPR 27 · 2025 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
Request for provisional measures dismissed; ruling does not prejudge jurisdiction, admissibility, or merits of the main application

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Holding

The African Court on Human and Peoples' Rights dismissed the applicant's request for provisional measures seeking suspension of a criminal summons. The Court held that the applicant failed to prove extreme gravity, urgency, or irreparable harm. The delay of over one month between the summons and filing the application negated urgency, and mere allegations of inability to manage affairs abroad due to a travel ban were insufficient to establish irreparable harm.

Outcome

Request for provisional measures dismissed; ruling does not prejudge jurisdiction, admissibility, or merits of the main application

Facts

The applicant, a former Prime Minister of Guinea-Bissau, was implicated in criminal proceedings in 2015. The Public Prosecutor closed the investigation in 2016, and a judge dismissed case No. 02/2018 for insufficient evidence. Despite these decisions, an INTERPOL Red Notice was issued against the applicant. In February 2022, the prosecutor annulled the suspect designation and revoked the red notice. However, the Attorney General subsequently reopened case No. 02/2018 and reinstated the travel ban. The Court of Appeal declared the Attorney General's order void and unconstitutional in July 2022. On 31 July 2024, a new summons was issued linking the applicant to criminal proceedings No. 2/2018, and a new travel ban was allegedly imposed. The applicant filed this application on 30 September 2024, seeking provisional measures to suspend the summons.

Issues

  1. Whether the Court has prima facie jurisdiction to entertain the request for provisional measures.
  2. Whether the applicant has demonstrated extreme gravity and urgency warranting provisional measures.
  3. Whether the applicant has proven that irreparable harm will occur absent provisional measures.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction
For provisional measures, the Court need not ensure that it has jurisdiction on the merits of the case, but simply that it has prima facie jurisdiction.
Provisional Measures — Requirements for Grant
The Court may order provisional measures only in cases of extreme gravity or urgency, and in order to prevent irreparable harm to individuals.
Provisional Measures — Urgency Defined
Urgency means a real and imminent likelihood that irreparable harm will be caused before the Court renders its final decision. The risk must be real, not purely hypothetical or abstract, and must entail a serious risk justifying immediate remedy.
Provisional Measures — Burden of Proof
It is for the party requesting provisional measures to provide proof of urgency or extreme gravity, as well as proof of the irreparable nature of the harm.
Provisional Measures — Delay Negating Urgency
A delay of over one month between the impugned act and filing the application for provisional measures rules out the existence of urgency, since that term implies imminent action.

Legislation cited (9)

  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 12
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 15
  • African Charter on Human and Peoples' Rights Article 26
  • 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 34(6)
  • Rules of Court Rule 49(1)

Cases cited (3)

  • Komi Koutche v Republic of Benin (Provisional Measures) (2019)
  • Sébastien Ajavon v Republic of Benin (Provisional Measures) (2020)
  • Symon Vuwa Kaunda and 5 Others v Republic of Malawi (Provisional Measures) (2021)

Full judgment

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

Pereira v Republic of Guinea-Bissau (Application No. 012-2024) [2025] AfCHPR 27 (26 June 2025)
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.