Wakilii

Slimane v Republic of Tunisia (Ruling) (Application No. 007-2024)

African Commission on Human and Peoples' Rights · [2024] ACHPR 5 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures pending main application alleging human rights violations
Decision
Request for provisional measures largely dismissed; main application remains pending

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 the request for provisional measures. The Court found that the request to publish candidacy requirements had become moot as the requirements were published before the ruling. All other requests for provisional measures were dismissed on the ground that they required examination of the merits of the main application, including requests to remove candidacy obstacles, validate rejected applications, and replace electoral commission members.

Outcome

Request for provisional measures largely dismissed; main application remains pending

Facts

The Applicant, a former judge, member of the Independent High Authority for Elections (ISIE), and minister in Tunisia, filed an application alleging human rights violations relating to her dismissal from the judiciary, the conduct of the 2024 presidential election, and Tunisia's failure to implement a prior judgment of the Court in Brahim Belguith v Republic of Tunisia. She sought provisional measures requiring Tunisia to publish candidacy requirements for the October 2024 presidential election, remove obstacles to candidacy including sponsorship and criminal record requirements, validate rejected candidacies, and replace ISIE Bureau members. The Respondent State did not respond to the application or the request for provisional measures. After the request was filed, Tunisia published the candidacy requirements in its Official Gazette on 17 July 2024.

Issues

  1. Whether the Court has prima facie jurisdiction to order provisional measures.
  2. Whether the request to publish candidacy requirements for the presidential election should be granted.
  3. Whether the Court should order removal of obstacles to standing as a candidate, including sponsorship requirements and criminal record submission.
  4. Whether the Court should validate candidacies rejected on grounds of failing to meet sponsorship or criminal record requirements.
  5. Whether the Court should order suspension of ISIE Bureau members and appointment of new members to supervise the 2024 presidential election.

Orders

  • Held that the request to order the Respondent State to publish the requirements to stand as a candidate in the presidential election has become moot.
  • Dismissed the other requests for provisional measures.

Rules and key headnotes

Provisional Measures — Prima Facie Jurisdiction — Standard of Review
When considering requests for provisional measures, the African Court on Human and Peoples' Rights does not have to ascertain 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 ordered only in cases of extreme gravity and urgency where it is necessary to avoid irreparable damage to persons. The requirements of urgency or extreme gravity and irreparable harm are cumulative, so that if one of them is lacking, the provisional measures requested cannot be ordered.
Provisional Measures — Mootness — Supervening Events
Where a respondent state undertakes the action sought in a request for provisional measures after the request is filed but before the Court rules, the request becomes moot and the Court will so declare.
Provisional Measures — Scope — Distinction from Merits
The Court will dismiss requests for provisional measures that require examination and analysis of the substantive merits of the main application, including requests that necessitate determining the legality of domestic legal requirements or the compatibility of such requirements with international human rights instruments.
Provisional Measures — Electoral Commission Composition — Merits Analysis Required
A request for provisional measures seeking suspension and replacement of electoral commission members on grounds of lack of independence and competence requires analysis of facts and alleged violations that falls under the merits of the main application and will not be granted at the provisional measures stage.

Cases cited (8)

  • Brahim Belguith v Republic of Tunisia (Application No. 017/2021)
  • African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya (Provisional Measures) (2011)
  • Komi Koutche v Republic of Benin (Provisional Measures) (2019)
  • Ghati Mwita v United Republic of Tanzania (Provisional Measures) (2020)
  • Symon Vuwa Kaunda & 5 Others v Republic of Malawi (Provisional Measures) (2021)
  • Sébastien Germain Marie Aîkoue Ajavon v Republic of Benin (Provisional Measures) (2020)
  • Sébastien Germain Marie Aîkoue Ajavon v Republic of Benin (Provisional Measures) (2021)
  • Adama Diarra alias Vieux Blen v Republic of Mali (Provisional Measures) (2021)

Full judgment

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

Slimane v Republic of Tunisia (Ruling) (Application No. 007-2024) [2024] ACHPR 5 (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.