dicko and others c burkina faso requete no0372020 2020 afchpr 14 20 novembre 2020

dicko and others c burkina faso requete no0372020 2020 afchpr 14 20 novembre 2020

The Court found that while urgency was established due to the imminence of the elections, the applicants did not sufficiently demonstrate the likelihood of irreparable harm that would result from the application of the contested amendments. The assessment of irreparable harm would require examination of substantive...

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Citation
dicko and others c burkina faso requete no0372020 2020 afchpr 14 20 novembre 2020
Parties
Applicant: Harouna Dicko et 4 autres (Aristide Ouedraogo, Bagnomboé Bakiono, Lookmann Mahamoud Sawadogo, Apsatou Diallo); Respondent: Burkina Faso
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Request for Provisional Measures in Human Rights Litigation / Interlocutory (provisional Measures) Order
Outcome
Request for provisional measures rejected.
Legal Topics
Provisional Measures, Right to Participate in Elections, Force Majeure in Electoral Process, Interpretation of African Charter on Democracy, Elections and Governance
Source Language
en
Human Rights Law Electoral Law International Law Provisional Measures Right to Participate in Elections Force Majeure in Electoral Process Interpretation of African Charter on Democracy, Elections and Governance

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Parties

Harouna Dicko et 4 autres (Aristide Ouedraogo, Bagnomboé Bakiono, Lookmann Mahamoud Sawadogo, Apsatou Diallo)

Applicant

Burkina Faso

Respondent

Procedural Posture

Request for Provisional Measures in Human Rights Litigation / Interlocutory (provisional Measures) Order

  1. 1 Whether the amendments to the Electoral Code of Burkina Faso violate the right of the Burkinabé people to participate in elections as guaranteed by Article 4(2) of the African Charter on Democracy, Elections and Governance (CADEG)
  2. 2 Whether the urgency and irreparable harm requirements for provisional measures are met

Ratio Decidendi

The Court found that while urgency was established due to the imminence of the elections, the applicants did not sufficiently demonstrate the likelihood of irreparable harm that would result from the application of the contested amendments. The assessment of irreparable harm would require examination of substantive issues reserved for the merits stage. Therefore, the circumstances did not justify the granting of provisional measures.

Court Disposition

Request for provisional measures rejected.

Orders

  • The request for provisional measures is rejected.