Wakilii

Zinsou and Others v Republic of Benin

African Court on Human and Peoples' Rights · [2021] AfCHPR 30 · 2021 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 without prejudice to the merits

Observed later treatment

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Holding

The African Court on Human and Peoples' Rights dismissed a request for provisional measures seeking an independent investigation into alleged human rights violations at the University of Abomey Calavi. The Court held that it had prima facie jurisdiction but found that ordering the requested investigation would require it to first confirm the underlying facts and the state's failure to act, thereby prejudging the merits of the case.

Outcome

Request for provisional measures dismissed without prejudice to the merits

Facts

On 24 March 2020, during awareness sessions about Covid-19 preventive measures at the University of Abomey Calavi in Benin, police arrested student leaders. A demonstration for their release ensued, during which police allegedly used disproportionate force, resulting in the shooting death of Théophile Dieudonné Djaho, a first-year Geography student. The applicants alleged that the police officers responsible were never identified or sanctioned. The applicants filed an application with the African Court seeking an independent and impartial investigation into the human rights violations that occurred on that date.

Issues

  1. Whether the Court has prima facie jurisdiction to hear 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 request for provisional measures prejudges the merits of the application.

Orders

  • Request for provisional measures dismissed.

Rules and key headnotes

Human Rights — Provisional Measures — Prima Facie Jurisdiction
For 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.
Human Rights — Withdrawal of Declaration — Effect on Pending Cases
The withdrawal of a state's declaration under Article 34(6) of the Protocol has no retroactive effect and does not affect cases filed before the effective date of the withdrawal.
Administrative Law — Provisional Measures — Conditions for Grant
Provisional measures may only be ordered if the basic conditions of extreme gravity or urgency and the prevention of irreparable harm to persons are met, and the Court must first ascertain that the measures sought do not prejudge the merits of the application.
Administrative Law — Provisional Measures — Prejudging the Merits
A request for provisional measures prejudges the merits when it is identical to the main application, seeks to achieve the same result, or touches on an issue on which the Court will necessarily have to rule when addressing the merits.
Human Rights — Provisional Measures — Investigation Orders
Where an applicant seeks a provisional order for an independent investigation into alleged human rights violations, the Court cannot grant such relief without first confirming the underlying facts and the state's failure to act, which would prejudge the merits of the case.

Cases cited (7)

  • Ingabire Victoire Umuhoza v Republic of Rwanda (Order of 3 June 2016)
  • Hongue Eric Noudehouenou v Republic of Benin (Application No. 003/2020)
  • Komi Koutche v Republic of Benin (Application No. 020/2019)
  • Sébastien Ajavon v Republic of Benin (Application No. 062/2019)
  • Romaric Jesukpego Zinsou and Others v Benin (Application No. 008/2021)
  • Elie Sandiwidi and Mouvement Burkinabe des droits de l'homme et des peuples v Republic of Benin (Application Nos. 014 and 017/2020)
  • Jean de Dieu Ngajigimana v United Republic of Tanzania (Application No. 024/2019)

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 [2021] AfCHPR 30 (2 September 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.