belghuith c republique tunisienne requetes n 0022022 2022 afchpr 68 23 juin 2022

belghuith c republique tunisienne requetes n 0022022 2022 afchpr 68 23 juin 2022

The Court found that the provisional measures requested by the applicant are identical to the substantive claims and could prejudge the merits; therefore, it decided to consider the request for provisional measures together with the merits of the case.

Source-derived case information.

Citation
belghuith c republique tunisienne requetes n 0022022 2022 afchpr 68 23 juin 2022
Parties
Applicant: Ibrahim Ben Mohamed Ben Ibrahim Belghuith; Respondent: Republique Tunisienne
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Interlocutory Order on Provisional Measures
Outcome
Request for provisional measures to be decided with the merits
Legal Topics
Right to Self Determination, Right to Participate in Public Affairs, Judicial Independence, Separation of Powers, Provisional Measures
Source Language
en
Human Rights Law Constitutional Law Right to Self Determination Right to Participate in Public Affairs Judicial Independence Separation of Powers Provisional Measures

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Parties

Ibrahim Ben Mohamed Ben Ibrahim Belghuith

Applicant

Republique Tunisienne

Respondent

Procedural Posture

Human Rights Application / Interlocutory Order on Provisional Measures

  1. 1 Whether the promulgation of Decree-Law No. 11/2022 violated the applicant's and the people's rights under the African Charter and other international instruments
  2. 2 Whether the applicant is entitled to provisional measures pending the determination of the merits

Ratio Decidendi

The Court found that the provisional measures requested by the applicant are identical to the substantive claims and could prejudge the merits; therefore, it decided to consider the request for provisional measures together with the merits of the case.

Court Disposition

Request for provisional measures to be decided with the merits

Orders

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