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Zinsou and Others v Republic of Benin (Application No. 008-2021)

African Court on Human and Peoples' Rights · [2021] AfCHPR 64 · 2021 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for provisional measures seeking suspension of electoral process based on alleged non-enforcement of prior Court decisions
Decision
Application for provisional measures dismissed without prejudice to jurisdiction, admissibility, or merits

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed the applicants' request for provisional measures seeking suspension of an electoral process. The Court found it had prima facie jurisdiction but held that the applicants failed to demonstrate the existence of extreme gravity, urgency, or irreparable harm as required under Article 27(2) of the Protocol. The Court further noted that the applicants relied on decisions rendered in favour of third parties, which could not form the basis for granting provisional measures in their own application.

Outcome

Application for provisional measures dismissed without prejudice to jurisdiction, admissibility, or merits

Facts

The applicants, three nationals of Benin, filed an application alleging that the Republic of Benin failed to enforce decisions of the African Court rendered in favour of third parties, namely Sébastien Germain Marie Aïkoué Ajavon and an anonymous applicant. They sought provisional measures to suspend an ongoing electoral process, arguing it was being conducted in disregard of the Court's prior decisions. The Republic of Benin had withdrawn its declaration under Article 34(6) of the Protocol on 25 March 2020, but the Court had previously ruled that such withdrawal does not affect pending cases or cases filed before the withdrawal takes effect on 26 March 2021. The respondent State did not file any response to the application.

Issues

  1. Whether the Court has prima facie jurisdiction to entertain the request for provisional measures.
  2. Whether the conditions for granting provisional measures under Article 27(2) of the Protocol are satisfied.
  3. Whether the applicants have demonstrated extreme gravity, urgency, and risk of irreparable harm.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

International Human Rights Courts — Provisional Measures — Requirements for Grant
Under Article 27(2) of the Protocol to the African Charter on Human and Peoples' Rights, provisional measures may be granted only in cases of extreme gravity and urgency and when necessary to avoid irreparable harm to persons, and the applicant bears the burden of proving the existence of these conditions.
International Human Rights Courts — Jurisdiction — Prima Facie Jurisdiction for Provisional Measures
For purposes of provisional measures, the Court need not satisfy itself that it has jurisdiction on the merits of the case, only that it has prima facie jurisdiction.
International Human Rights Courts — Withdrawal of Declaration — Effect on Pending Cases
The withdrawal of a State's declaration under Article 34(6) of the Protocol accepting the Court's jurisdiction to receive applications from individuals has no retroactive effect on pending cases and does not affect cases filed before the withdrawal takes effect one year after deposit of the instrument of withdrawal.

Cases cited (5)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Order of 3 June 2016)
  • Houngue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Ghati Mwita v United Republic of Tanzania (Application No. 012/2019)
  • Sébastien Germain Marie Aïkoué Ajavon v Republic of Benin (Application No. 065/2019)
  • Sébastien Ajavon v Republic of Benin (Application No. 062/2019)

Full judgment

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

Zinsou and Others v Republic of Benin (Application No. 008-2021) [2021] AfCHPR 64 (10 April 2021)
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.