johnson c republique du ghana requete n 0162017 2017 afchpr 125 28 septembre 2017

johnson c republique du ghana requete n 0162017 2017 afchpr 125 28 septembre 2017

Given the applicant faces imminent execution and the application reveals a situation of extreme gravity and risk of irreparable harm, the Court finds it necessary to order provisional measures to preserve the status quo until the main application is decided.

Source-derived case information.

Citation
johnson c republique du ghana requete n 0162017 2017 afchpr 125 28 septembre 2017
Parties
Applicant: Dexter Eddie Johnson; Respondent: Republic of Ghana
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Application for Provisional Measures / Interlocutory (provisional Measures Pending Main Application)
Outcome
Provisional measures granted
Legal Topics
Death Penalty, Right to Life, Provisional Measures, Cruel, Inhuman or Degrading Treatment, Fair Trial
Source Language
en
Human Rights Law International Law Death Penalty Right to Life Provisional Measures Cruel, Inhuman or Degrading Treatment Fair Trial

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Parties

Dexter Eddie Johnson

Applicant

Republic of Ghana

Respondent

Procedural Posture

Application for Provisional Measures / Interlocutory (provisional Measures Pending Main Application)

  1. 1 Whether the imposition of the mandatory death penalty violates the right to life, prohibition of cruel, inhuman or degrading treatment, and the right to a fair trial under the African Charter, ICCPR, and Universal Declaration of Human Rights
  2. 2 Whether provisional measures should be ordered to stay execution pending the Court's decision on the merits

Ratio Decidendi

Given the applicant faces imminent execution and the application reveals a situation of extreme gravity and risk of irreparable harm, the Court finds it necessary to order provisional measures to preserve the status quo until the main application is decided.

Court Disposition

Provisional measures granted

Orders

  • The respondent is ordered to stay the execution of the applicant until the case is heard and determined.
  • The respondent is ordered to report to the Court within sixty (60) days from receipt of the order on measures taken to implement it.