belgeith c republique tunisienne requete no 0172021 2022 afchpr 3 24 mars 2022

belgeith c republique tunisienne requete no 0172021 2022 afchpr 3 24 mars 2022

The Court found that the provisional measures requested by the applicant are identical to the relief sought on the merits and could prejudge the outcome of the case. Therefore, it decided to consider the request for provisional measures together with the merits of the application.

Source-derived case information.

Citation
belgeith c republique tunisienne requete no 0172021 2022 afchpr 3 24 mars 2022
Parties
Applicant: Ibrahim Ben Mohamed Ben Ibrahim Belgheith; Respondent: République Tunisienne
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Interlocutory Order on Provisional Measures
Outcome
provisional measures deferred; to be decided with merits
Legal Topics
Provisional Measures, Constitutional Abrogation, Democratic Governance, Right to Self Determination, Right to Participate in Government
Source Language
en
Human Rights Law Constitutional Law International Law Provisional Measures Constitutional Abrogation Democratic Governance Right to Self Determination Right to Participate in Government

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Parties

Ibrahim Ben Mohamed Ben Ibrahim Belgheith

Applicant

République Tunisienne

Respondent

Procedural Posture

Human Rights Application / Interlocutory Order on Provisional Measures

  1. 1 Whether the promulgation of presidential decrees abrogating the Constitution and suspending parliamentary powers violates the applicant's and Tunisian people's rights under the African Charter on Human and Peoples' Rights and related instruments
  2. 2 Whether provisional measures should be granted to suspend the effects of the decrees pending the final decision

Ratio Decidendi

The Court found that the provisional measures requested by the applicant are identical to the relief sought on the merits and could prejudge the outcome of the case. Therefore, it decided to consider the request for provisional measures together with the merits of the application.

Court Disposition

provisional measures deferred; to be decided with merits

Orders

  • The Court decides to rule on the request for provisional measures at the same time as the merits of the case.