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XYZ v Republic of Benin (Application No. 057-2019)

African Court on Human and Peoples' Rights · [2019] AfCHPR 96 · 2019 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
Application for provisional measures dismissed; main application remains pending

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 dismissed an application for provisional measures seeking to stay execution of a criminal judgment against a former presidential candidate. The Court held that the applicant failed to demonstrate extreme gravity, urgency, or risk of irreparable harm as required under Article 27(2) of the Protocol. The Court noted that under domestic law, the judgment was already stayed following the filing of an appeal.

Outcome

Application for provisional measures dismissed; main application remains pending

Facts

An anonymous Beninese national filed an application before the African Court challenging a decision of Benin's Constitutional Court. The underlying matter concerned criminal proceedings against former Prime Minister Lionel Zinsou, who was convicted by the Cotonou Court of First Instance on 2 August 2019 for forgery and exceeding campaign expense limits in the 2016 presidential election. He was sentenced to five years of ineligibility to contest elections, six months suspended imprisonment, and a fine of 50 million CFA Francs. Zinsou's counsel raised a constitutionality objection before the Constitutional Court, which was dismissed as inadmissible. The applicant, claiming an interest as a voter whose right to elect his preferred candidate would be affected, sought provisional measures to stay execution of the criminal judgment pending determination of the main application. Zinsou had filed an appeal on 6 August 2019.

Issues

  1. Whether the Court should grant provisional measures to stay execution of a criminal judgment pending determination of the main application.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol (extreme gravity, urgency, and risk of irreparable harm) have been met.

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 need not satisfy itself that it has jurisdiction on the merits of the case, but simply that it has prima facie jurisdiction.
Civil Procedure — Provisional Measures — Conditions for Grant
Provisional measures under Article 27(2) of the Protocol to the African Charter may be granted only where the applicant demonstrates extreme gravity or urgency and the risk of irreparable harm to persons.
Civil Procedure — Provisional Measures — Preventive Character
Provisional measures are of a preventive character and do not prejudge the merits of the application.

Legislation cited (8)

  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 13(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)
  • 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 5(3)
  • Code of Criminal Procedure Article 577
  • Constitution of Benin Article 122

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

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

XYZ v Republic of Benin (Application No. 057-2019) [2019] AfCHPR 96 (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.