XYZ v Benin (Application for Provisional Measures No. 003-2019) (Application 58 of 2019)
Observed later treatment
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Holding
The African Court on Human and Peoples' Rights dismissed the application for provisional measures. The Court found it had prima facie jurisdiction but held that the applicant failed to provide evidence of urgency, gravity, or irreparable harm that the implementation of the challenged decree could cause him personally. The Court also noted that the applicant sought provisional measures in favour of persons who were not parties to the case.
Outcome
Application for provisional measures dismissed
Facts
On 3 August 2019, XYZ, a national of Benin who requested anonymity, applied to the African Court for provisional measures against the Republic of Benin. The applicant challenged Inter-Ministerial Decree No. 023/MJL/DC/SGM/DACPG/SA/023SGG19 issued on 22 July 2019, which prohibited the issuance of legal documents to certain persons sought by justice in Benin. The decree prohibited issuance of documents including identity cards, passports, driver's licenses, and voter's cards to persons whose appearance was necessary for judicial police investigation or court proceedings, or who were subject to enforceable condemnation decisions and did not defer to summons. The applicant submitted that the decree concerned well-known members of the political opposition in exile. The Respondent State did not file a response to the application.
Issues
- Whether the Court has prima facie jurisdiction to consider the application for provisional measures.
- Whether the conditions for granting provisional measures are met: extreme gravity, urgency, and prevention of irreparable harm to persons.
- Whether provisional measures can be granted in favour of persons who are not parties to the case.
Orders
- Application for provisional measures dismissed.
Rules and key headnotes
Legislation cited (17)
- African Charter on Human and Peoples' Rights Article 1
- African Charter on Human and Peoples' Rights Article 2
- African Charter on Human and Peoples' Rights Article 3
- African Charter on Human and Peoples' Rights Article 4
- African Charter on Human and Peoples' Rights Article 5
- African Charter on Human and Peoples' Rights Article 7(1)
- 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 14
- African Charter on Human and Peoples' Rights Article 15
- African Charter 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 3
- 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 5(3)
- 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 51(1)
Cases cited (2)
- African Commission on Human and Peoples' Rights v Libya (Application No. 002/2013)
- Amini Juma v United Republic of Tanzania (Application No. 024/2016)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.