ajavon v republic of benin application no0272020 2021 afchpr 48 1 april 2021

ajavon v republic of benin application no0272020 2021 afchpr 48 1 april 2021

The Court found that the Applicant faces a real and imminent risk of irreparable harm due to the execution of the criminal judgment and arrest warrant, and that the requirements of urgency and irreparable harm are met. The Court has prima facie jurisdiction and thus orders a stay of execution of the impugned...

Source-derived case information.

Citation
ajavon v republic of benin application no0272020 2021 afchpr 48 1 april 2021
Parties
Applicant: Sébastien Germain Marie Aïkoué Ajavon; Respondent State: Republic of Benin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 April 2021
Procedural Posture
Application for Provisional Measures / Ruling on Provisional Measures Pending Determination on Merits
Outcome
Provisional measures granted
Legal Topics
Provisional Measures, Right to Fair Trial, Right to Property, Adequate Housing, Jurisdiction of African Court, Enforcement of Judgments
Source Language
english
Human Rights Law Criminal Law Provisional Measures Right to Fair Trial Right to Property Adequate Housing Jurisdiction of African Court Enforcement of Judgments

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Parties

Sébastien Germain Marie Aïkoué Ajavon

Applicant

Republic of Benin

Respondent State

Procedural Posture

Application for Provisional Measures / Ruling on Provisional Measures Pending Determination on Merits

Legal Issues

  1. 1 Whether the Court has prima facie jurisdiction to order provisional measures
  2. 2 Whether the Applicant faces urgency and irreparable harm justifying provisional measures
  3. 3 Whether the execution of the criminal judgment and arrest warrant should be stayed

Ratio Decidendi

The Court found that the Applicant faces a real and imminent risk of irreparable harm due to the execution of the criminal judgment and arrest warrant, and that the requirements of urgency and irreparable harm are met. The Court has prima facie jurisdiction and thus orders a stay of execution of the impugned judgment pending determination of the merits.

Court Disposition

Provisional measures granted

Orders

  • Stay of execution of Judgment No. 41/CRIET/CJ/1S. Cor of 1 March 2021 issued by the CRIET Trial Chamber, pending examination of the Application on the merits.
  • Respondent State to report to the Court within thirty (30) days on measures taken to implement the order.