noudehouenou c republique du benin requete n 0102021 2022 afchpr 56 20 decembre 2022

noudehouenou c republique du benin requete n 0102021 2022 afchpr 56 20 decembre 2022

The Court found that it had prima facie jurisdiction as the alleged violations concerned rights protected by instruments ratified by the respondent States and the application was filed before the withdrawal of relevant declarations took effect. However, the requests for provisional measures regarding the 2021...

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Citation
noudehouenou c republique du benin requete n 0102021 2022 afchpr 56 20 decembre 2022
Parties
Applicant: Houngue Éric Noudehouenou; Respondent: République du Bénin; Respondent: Burkina Faso; Respondent: République de Côte d’Ivoire; Respondent: République de Gambie; Respondent: République du Ghana; Respondent: République du Malawi; Respondent: République du Mali; Respondent: République Tunisienne
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Request for Provisional Measures / Interlocutory Order
Outcome
requests for provisional measures dismissed or declared moot
Legal Topics
Provisional Measures, Execution of Judgments, State Responsibility, Right to Effective Remedy, Right to Fair Trial, Arbitrary Detention
Source Language
en
Human Rights Law International Law Provisional Measures Execution of Judgments State Responsibility Right to Effective Remedy Right to Fair Trial Arbitrary Detention

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Parties

Houngue Éric Noudehouenou

Applicant

République du Bénin

Respondent

Burkina Faso

Respondent

République de Côte d’Ivoire

Respondent

République de Gambie

Respondent

République du Ghana

Respondent

République du Malawi

Respondent

République du Mali

Respondent

République Tunisienne

Respondent

Procedural Posture

Request for Provisional Measures / Interlocutory Order

  1. 1 Whether the Court has prima facie jurisdiction to order provisional measures against the respondent States regarding execution of its judgments and alleged violations of human rights.
  2. 2 Whether the requests for provisional measures concerning the 2021 presidential election, the detention of Reckya Madougou, and the right to effective remedy meet the criteria of urgency, extreme gravity, and risk of irreparable harm.

Ratio Decidendi

The Court found that it had prima facie jurisdiction as the alleged violations concerned rights protected by instruments ratified by the respondent States and the application was filed before the withdrawal of relevant declarations took effect. However, the requests for provisional measures regarding the 2021 presidential election were moot as the election had already occurred. The request to order measures against the Executive Council was inadmissible as it is not a party to the proceedings. The request to suspend the detention of Reckya Madougou was unfounded as her detention was based on a subsequent conviction, not the original detention order. The request for clarification of the...

Court Disposition

requests for provisional measures dismissed or declared moot

Orders

  • Requests relating to the 2021 presidential election declared moot.
  • All other requests for provisional measures rejected.