noudehouenou c republique du benin requete n0042020 2022 afchpr 61 15 aout 2022

noudehouenou c republique du benin requete n0042020 2022 afchpr 61 15 aout 2022

The Court found that the applicant provided sufficient evidence of serious health issues and that failure to access medical care and his medical file could result in irreparable harm. The respondent did not contest the existence of the applicant's medical records at the CNHU. Therefore, the Court ordered the...

Source-derived case information.

Citation
noudehouenou c republique du benin requete n0042020 2022 afchpr 61 15 aout 2022
Parties
Applicant: Houngue Éric Noudehouenou; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Request for Provisional Measures in Human Rights Proceedings / Interlocutory (provisional Measures Order)
Outcome
Provisional measures partially granted
Legal Topics
Provisional Measures, Right to Health, Right to Fair Trial, Due Process, Right to Property, Right to Work, Right to Dignity, Right to Family Life
Source Language
en
Human Rights Law International Law Provisional Measures Right to Health Right to Fair Trial Due Process Right to Property Right to Work +2 more

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Parties

Houngue Éric Noudehouenou

Applicant

République du Bénin

Respondent

Procedural Posture

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

  1. 1 Whether the applicant is entitled to provisional measures to secure access to medical care and documents
  2. 2 Whether the applicant's rights to health, fair trial, property, work, and family life are at risk of irreparable harm
  3. 3 Whether the respondent has complied with previous provisional measures orders

Ratio Decidendi

The Court found that the applicant provided sufficient evidence of serious health issues and that failure to access medical care and his medical file could result in irreparable harm. The respondent did not contest the existence of the applicant's medical records at the CNHU. Therefore, the Court ordered the respondent to remove all obstacles to the applicant's access to medical care and to provide him with a copy of his medical file. Other requested measures were denied due to lack of evidence, lack of urgency, or because they had already been addressed in previous orders.

Court Disposition

Provisional measures partially granted

Orders

  • The respondent must take all measures to remove obstacles to the applicant's access to medical care and provide him with a copy of his medical file held by the CNHU of Cotonou.
  • The respondent must report to the Court on implementation of these measures within fifteen days of notification of the order.