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Rahmani and Others v Republic of Tunisia (Ruling) (Application No. 008-2024)

African Commission on Human and Peoples' Rights · [2024] ACHPR 7 · 2024 Application Granted 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
Provisional measures granted staying implementation of the impugned decree-laws pending determination of the main application 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 and ordered Tunisia to stay implementation of Decree-Law No. 2022-35 of 1 June 2022 and Presidential Decree No. 2022-516 dismissing judicial officers, finding that the law empowering the President to dismiss judges poses an actual risk of executive interference with judicial independence and that the requirements of urgency and irreparable harm are met.

Outcome

Provisional measures granted staying implementation of the impugned decree-laws pending determination of the main application on the merits

Facts

Four former Tunisian judicial officers were dismissed by Presidential Decree No. 2022-516 of 1 June 2022. On the same day, the President enacted Decree-Law No. 2022-35 amending the law establishing the Provisional High Judicial Council, granting the President power to dismiss judicial officers in situations of emergency or where public security or the higher interests of the country are at stake. The Applicants filed an application before the African Court alleging violations of their rights to participate in government, fair trial, work, and equality under the African Charter and international human rights instruments. They requested provisional measures to stay implementation of the amended decree-law. The Respondent State did not respond to the request.

Issues

  1. Whether the Court has prima facie jurisdiction to consider the request for provisional measures.
  2. Whether the requirements of extreme gravity and urgency are met to warrant the grant of provisional measures.
  3. Whether it is necessary to avoid irreparable harm to persons by staying implementation of Decree-Law No. 2022-35 and Presidential Decree No. 2022-516.

Orders

  • The Respondent State is ordered to stay implementation of Decree-Law No. 2022-35 of 1 June 2022 amending Decree-Law No. 2022-11 of 12 February 2022 on the establishment of the Provisional High Judicial Council.
  • The Respondent State is ordered to stay implementation of Presidential Decree No. 2022-516 of 1 June 2022 dismissing the Applicants.
  • The Respondent State is ordered to report to the Court within 15 days of notification on the measures taken to implement the provisional measures.

Rules and key headnotes

Constitutional Law — Separation of Powers — Judicial Independence — Executive Power to Dismiss Judges
The principle of separation of powers requires that the executive branch of government refrains from interfering unduly in the operation of the judiciary, and provisions empowering the President to dismiss judicial officers pose an actual risk of executive interference with the operation of the judiciary and threaten the independence of judicial officers and of the judiciary as a whole.
Human Rights — Provisional Measures — Requirements for Grant — Extreme Gravity and Urgency
Under Article 27(2) of the Protocol to the African Charter, the Court may adopt provisional measures in cases of extreme gravity and urgency and when necessary to avoid irreparable harm to persons, and these requirements are cumulative such that if one is not met, provisional measures cannot be ordered.
Human Rights — Provisional Measures — Prima Facie Jurisdiction — Standard of Review
When deciding on requests for provisional measures, the Court does not have to establish that it has jurisdiction on the merits of the case, but merely that it has prima facie jurisdiction, and is not required to examine the merits of the applicants' allegations but only to determine whether the particular circumstances require provisional measures.
Administrative Law — Judicial Officers — Dismissal — Due Process Requirements
A request to stay implementation of a law that violates human rights is preventive in nature and holds in abeyance the effect of the law without necessarily repealing it, and such a stay may be granted to prevent a decree-law from being used to perpetuate removal of judicial officers without any guarantee of due process.

Legislation cited (23)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • 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 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)
  • Rules of Court Rule 9(2)
  • Rules of Court Rule 49(1)
  • Rules of Court Rule 59(1)
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7
  • 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
  • International Covenant on Civil and Political Rights Article 2
  • International Covenant on Civil and Political Rights Article 2(2)
  • International Covenant on Civil and Political Rights Article 4
  • International Covenant on Civil and Political Rights Article 14
  • International Covenant on Civil and Political Rights Article 25
  • International Covenant on Economic, Social and Cultural Rights Article 7
  • Decree-Law No. 2022-11 of 12 February 2022
  • Decree-Law No. 2022-35 of 1 June 2022
  • Presidential Decree No. 2022-516 of 1 June 2022
  • Organic Law No. 2016-34 of 28 April 2016

Cases cited (7)

  • African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Provisional Measures) (Application No. 002/2011)
  • Komi Koutche v Republic of Benin (Provisional Measures)
  • Ghati Mwita v United Republic of Tanzania (Provisional Measures)
  • Symon Vuwa Kaunda and 5 Others v Republic of Malawi (Provisional Measures)
  • Sébastien Germain Marie Aîkoue Ajavon v Republic of Benin (Provisional Measures)
  • Sébastien Germain Marie Aîkoue Ajavon v Republic of Benin (Provisional Measures)
  • Adama Diarra alias Vieux Blen v Republic of Mali (Provisional Measures)

Full judgment

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

Rahmani and Others v Republic of Tunisia (Ruling) (Application No. 008-2024) [2024] ACHPR 7 (3 October 2024)
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.