noudehouenou v republic of benin application no 0042020 2021 afchpr 20 22 november 2021

noudehouenou v republic of benin application no 0042020 2021 afchpr 20 22 november 2021

The Court found that the Applicant did not provide sufficient evidence of urgency or irreparable harm regarding obstacles to medical care and unfreezing of bank accounts, but that disclosure of the expert report and issuance of a national identity card were urgent and necessary to prevent irreparable harm and ensure the Applicant's rights.

Citation
noudehouenou v republic of benin application no 0042020 2021 afchpr 20 22 november 2021
Parties
Applicant: Houngue Eric Noudehouenou; Respondent State: Republic of Benin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
22 November 2021
Procedural Posture
Application for Provisional Measures / Ruling on Provisional Measures
Outcome
Requests for provisional measures relating to medical care, unfreezing of bank accounts, and presence before the Cotonou Court dismissed; requests for disclosure of expert report and issuance of national identity card granted.
Legal Topics
Provisional Measures, Right to Health, Right to Fair Trial, Right to Property, Right to Identity, Enforcement of Judgments
Source Language
English
Human Rights Law International Law Provisional Measures Right to Health Right to Fair Trial Right to Property Right to Identity Enforcement of Judgments

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Parties

Houngue Eric Noudehouenou

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application for Provisional Measures / Ruling on Provisional Measures

Legal Issues

  1. 1 Whether the Applicant is entitled to provisional measures to remove obstacles to medical care and protection
  2. 2 Whether the Applicant is entitled to provisional measures to unfreeze bank accounts and remove obstacles to presence before the Cotonou Court
  3. 3 Whether the Respondent State must disclose the expert report referred to in the CRIET judgment

Ratio Decidendi

The Court found that the Applicant did not provide sufficient evidence of urgency or irreparable harm regarding obstacles to medical care and unfreezing of bank accounts, but that disclosure of the expert report and issuance of a national identity card were urgent and necessary to prevent irreparable harm and ensure the Applicant's rights.

Court Disposition

Requests for provisional measures relating to medical care, unfreezing of bank accounts, and presence before the Cotonou Court dismissed; requests for disclosure of expert report and issuance of national identity card granted.

Orders

  • Respondent State to disclose to the Applicant or his Counsel the expert report referred to in the CRIET judgment of 25 July 2019.
  • Respondent State to take all measures to issue a valid national identity card to the Applicant.