XYZ v Republic of Benin (Application No. 058-2019)
Observed later treatment
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Holding
The African Court on Human and Peoples' Rights dismissed an application for provisional measures seeking to stay implementation of a Benin decree prohibiting issuance of legal documents to persons sought by justice. The Court found it had prima facie jurisdiction but held that the applicant failed to demonstrate extreme gravity, urgency, or irreparable harm to himself personally, and noted that he sought measures in favour of non-parties to the case.
Outcome
Application for provisional measures dismissed
Facts
On 22 July 2019, the Republic of Benin issued Inter-Ministerial Decree No. 023/MJL/DC/SGM/DACPG/SA/023SGG19 prohibiting the issuance of legal documents (including identity cards, passports, driver's licenses, and voter's cards) to persons whose appearance is necessary for judicial police investigation or court proceedings, or who are subject to enforceable condemnation decisions and fail to respond to summons. The Applicant, a Beninese national granted anonymity, submitted that the decree targeted well-known political opposition members in exile, including former ministers and Members of Parliament. On 3 August 2019, the Applicant applied to the Court for provisional measures to stay implementation of the decree. 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 (extreme gravity, urgency, and prevention of irreparable harm) are satisfied.
- 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 (16)
- 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)
Cases cited (2)
- African Commission on Human and Peoples Rights v Libya (Application No. 002/2013)
- Amini Juma v Republic of Tanzania (Application No. 024/2016)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.