fathi et autres c republique tunisienne requete n 0012023 2023 afchpr 3 17 mars 2023

fathi et autres c republique tunisienne requete n 0012023 2023 afchpr 3 17 mars 2023

Applicants failed to demonstrate the required urgency, extreme gravity, or irreparable harm for suspension of the decree-law. The request to postpone elections was moot as the elections had already occurred before the application was filed. Both requests for provisional measures were rejected.

Source-derived case information.

Citation
fathi et autres c republique tunisienne requete n 0012023 2023 afchpr 3 17 mars 2023
Parties
Applicant: Ayadi Fathi, Khlifi Oussama, Makhloufi Sofiane; Respondent: République Tunisienne
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Request for Provisional Measures / Interlocutory Order
Outcome
Provisional measures rejected
Legal Topics
Provisional Measures, Right to Participate in Public Affairs, Non Discrimination, Freedom of Association, Elections, Separation of Powers
Source Language
en
Human Rights Law Constitutional Law International Law Provisional Measures Right to Participate in Public Affairs Non Discrimination Freedom of Association Elections +1 more

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Parties

Ayadi Fathi, Khlifi Oussama, Makhloufi Sofiane

Applicant

République Tunisienne

Respondent

Procedural Posture

Request for Provisional Measures / Interlocutory Order

  1. 1 Whether the conditions for provisional measures under Article 27(2) of the Protocol are met
  2. 2 Whether the applicants demonstrated urgency, extreme gravity, and irreparable harm

Ratio Decidendi

Applicants failed to demonstrate the required urgency, extreme gravity, or irreparable harm for suspension of the decree-law. The request to postpone elections was moot as the elections had already occurred before the application was filed. Both requests for provisional measures were rejected.

Court Disposition

Provisional measures rejected

Orders

  • All requests for provisional measures are rejected.