Wakilii

Yayi v Republic of Benin (Application No. 023-2019)

African Court on Human and Peoples' Rights · [2019] AfCHPR 85 · 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
Request for provisional measures dismissed; matter to proceed to consideration of merits at a later stage

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights declined to issue an order for provisional measures. The Court found it had prima facie jurisdiction but held that the circumstances did not portray a situation of extreme gravity that may lead to irreparable harm. The prayer to remove obstacles to the Applicant's freedom of movement became moot after police barriers were removed. The Court dismissed prayers to defer proceedings and to order provisional release of demonstrators, finding insufficient evidence of extreme gravity and noting that such measures concerned the merits of the case.

Outcome

Request for provisional measures dismissed; matter to proceed to consideration of merits at a later stage

Facts

Thomas Bani Yayi, former President of the Republic of Benin, alleged that on 1 May 2019, police and army officers surrounded his residence in an attempt to arrest him. Protesters supporting him were fired upon by the army, resulting in injuries and deaths. On 2 May 2019, army officers again opened fire on unarmed protesters, leading to loss of life and mass detentions. On 19 May 2019, the Applicant seized the ECOWAS Court of Justice. An Investigating Judge from the Cotonou Court of First Instance questioned the Applicant at his residence on 7 June 2019 and placed him under house arrest despite his counsel's objection on health grounds. Demonstrators arrested between 1 and 13 May 2019 appeared before a judge on 28 May 2019. On the night of 21 to 22 June 2019, police removed barriers around the Applicant's residence, allowing him to travel to France for medical treatment.

Issues

  1. Whether the Court has prima facie jurisdiction to hear the application.
  2. Whether the circumstances of the case meet the conditions for granting provisional measures under Article 27(2) of the Protocol: extreme gravity, urgency, and prevention of irreparable harm to persons.
  3. Whether the Court should defer all proceedings, investigations and judgment against the Applicant and other detained persons.
  4. Whether the Court should order provisional release of demonstrators arbitrarily arrested.

Orders

  • Application for provisional measures declined.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
When seized of a request for provisional measures, the African Court on Human and Peoples' Rights does not need to ensure that it has jurisdiction on the merits of the case but simply has to ensure that it has prima facie jurisdiction.
Human Rights — Provisional Measures — Conditions for Grant
Provisional measures are specific and preventive in nature and do not prejudge the merits of the application. The Court cannot order them pendent lite except when the basic conditions are met: extreme gravity, urgency and prevention of irreparable harm on persons.
Human Rights — Provisional Measures — Mootness
Where the circumstances giving rise to a prayer for provisional measures have been resolved before the Court's determination, the prayer becomes moot and the Court will not grant the order.

Legislation cited (16)

  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 56
  • 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)
  • ECOWAS Protocol on Democracy and Good Governance Article 1(1)
  • Benin Criminal Procedure Code Article 402
  • Rules of Court Rule 39
  • Rules of Court Rule 40
  • 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 The 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.

Yayi v Republic of Benin (Application No. 023-2019) [2019] AfCHPR 85 (8 August 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.