noudehouenou c republique du benin requete n0032020 2020 afchpr 31 25 septembre 2020

noudehouenou c republique du benin requete n0032020 2020 afchpr 31 25 septembre 2020

The Court found that the applicant faces a real and imminent risk of irreparable harm due to obstacles preventing his candidacy in the 2021 presidential election. The urgency is established by the approaching deadline for submission of candidacies. The Court has prima facie jurisdiction as Benin's withdrawal of its...

Source-derived case information.

Citation
noudehouenou c republique du benin requete n0032020 2020 afchpr 31 25 septembre 2020
Parties
Applicant: Houngue Eric Noudehouenou; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Request for Provisional Measures / Interlocutory (provisional Measures)
Outcome
Provisional measures granted in part; other requests rejected.
Legal Topics
Right to Participate in Public Affairs, Right to Stand for Election, Provisional Measures, Freedom of Association, Freedom of Expression, Non Retroactivity of Withdrawal From Jurisdiction
Source Language
en
Human Rights Law International Law Electoral Law Right to Participate in Public Affairs Right to Stand for Election Provisional Measures Freedom of Association Freedom of Expression +1 more

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Parties

Houngue Eric Noudehouenou

Applicant

République du Bénin

Respondent

Procedural Posture

Request for Provisional Measures / Interlocutory (provisional Measures)

  1. 1 Whether the applicant's right to participate in public affairs and stand for presidential election is being violated by administrative, judicial, and political obstacles
  2. 2 Whether the Court has prima facie jurisdiction despite Benin's withdrawal of its Article 34(6) declaration
  3. 3 Whether the conditions for provisional measures (urgency, irreparable harm) are met

Ratio Decidendi

The Court found that the applicant faces a real and imminent risk of irreparable harm due to obstacles preventing his candidacy in the 2021 presidential election. The urgency is established by the approaching deadline for submission of candidacies. The Court has prima facie jurisdiction as Benin's withdrawal of its Article 34(6) declaration is not yet effective. Therefore, the Court ordered Benin to remove all administrative, judicial, and political obstacles to the applicant's candidacy.

Court Disposition

Provisional measures granted in part; other requests rejected.

Orders

  • Benin must take all necessary measures to effectively remove administrative, judicial, and political obstacles to the applicant's candidacy in the 2021 presidential election.
  • All other requested measures are rejected.