african commission on human and peoples rights v great socialist peoples libyan arab jamahiriya order for provisional measures requete n 0042011 2011 afchpr 1 25

african commission on human and peoples rights v great socialist peoples libyan arab jamahiriya order for provisional measures requete n 0042011 2011 afchpr 1 25

Given the extreme gravity and urgency of the situation in Libya, and the risk of irreparable harm to persons' rights to life and physical integrity as guaranteed by the Charter, the Court found it necessary to order provisional measures to prevent further violations.

Source-derived case information.

Citation
african commission on human and peoples rights v great socialist peoples libyan arab jamahiriya order for provisional measures requete n 0042011 2011 afchpr 1 25
Parties
Applicant: Commission Africaine des Droits de l'Homme et des Peuples; Respondent: Grande Jamahiriya Arabe Libyenne Populaire et Socialiste
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2011
Procedural Posture
Request for Provisional Measures / Provisional Measures Order
Outcome
Provisional measures granted
Legal Topics
Provisional Measures, Right to Life, Physical Integrity, Freedom of Expression, Freedom of Assembly, Use of Force by State, International Obligations
Source Language
en
Human Rights Law International Law Provisional Measures Right to Life Physical Integrity Freedom of Expression Freedom of Assembly Use of Force by State +1 more

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Parties

Commission Africaine des Droits de l'Homme et des Peuples

Applicant

Grande Jamahiriya Arabe Libyenne Populaire et Socialiste

Respondent

Procedural Posture

Request for Provisional Measures / Provisional Measures Order

  1. 1 Whether the situation in Libya warrants the indication of provisional measures to prevent irreparable harm to persons' rights under the African Charter on Human and Peoples' Rights.

Ratio Decidendi

Given the extreme gravity and urgency of the situation in Libya, and the risk of irreparable harm to persons' rights to life and physical integrity as guaranteed by the Charter, the Court found it necessary to order provisional measures to prevent further violations.

Court Disposition

Provisional measures granted

Orders

  • The respondent must immediately refrain from any act that could result in loss of life or physical harm to persons, or constitute a violation of the Charter or other international human rights instruments to which it is a party.
  • The respondent must report to the Court within fifteen (15) days from receipt of the order on measures taken to implement it.