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XYZ v Benin (Application for Provisional Measures No. 004-2019) (Application No. 059-2019)

African Court on Human and Peoples' Rights · [2019] AfCHPR 53 · 2019 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures in a human rights case before the African Court on Human and Peoples' Rights
Decision
Application for provisional measures dismissed by majority of 9 to 2

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed an application for provisional measures seeking to suspend the functioning of Benin's Orientation and Supervisory Council (COS), an electoral administrative structure. The Court found it had prima facie jurisdiction but held that the applicant failed to provide evidence of urgent and serious risk of irreparable harm as required by Article 27 of the Protocol.

Outcome

Application for provisional measures dismissed by majority of 9 to 2

Facts

The applicant, a Benin national granted anonymity, challenged the neutrality of the Orientation and Supervisory Council (COS), an administrative structure established to manage Benin's national electoral register and permanent electronic electoral roll. The applicant alleged that COS members represented only the presidential majority political parties, with no opposition representation. The applicant contended that this composition led to parliamentary elections without opposition participation, violating constitutional and international instruments on democracy. The applicant feared that upcoming local elections scheduled for early 2019 could not be free and democratic under this structure.

Issues

  1. Whether the Court has prima facie jurisdiction to consider the application for provisional measures.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol are satisfied: extreme gravity, urgency, and prevention of irreparable harm to persons.

Orders

  • Application for provisional measures dismissed.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
When considering an application for provisional measures, the African Court on Human and Peoples' Rights does not have to ensure that it has jurisdiction on the merits of the case, but simply that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
Provisional measures under Article 27(2) of the Protocol to the African Charter are of a preventive nature and do not prejudge the merits of the application; the Court may order them pendente lite only when the basic conditions are met: extreme gravity, urgency, and the prevention of irreparable harm to persons.
Human Rights — Provisional Measures — Burden of Proof
An applicant seeking provisional measures must provide evidence of the nature of the urgent and serious risk of irreparable damage as required by Article 27 of the Protocol; failure to provide such evidence will result in dismissal of the application for provisional measures.

Legislation cited (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)
  • 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 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 3(1)
  • Rules of Court Rule 51(1)
  • Law No. 2009-10 of 13 May 2009

Full judgment

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

XYZ v Benin (Application for Provisional Measures No. 004-2019) (Application No. 059-2019) [2019] AfCHPR 53 (2 December 2019)
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.