[2015] AfCHPR 40

[2015] AfCHPR 40

The Court found that the continued detention of Saif Al-Islam Gaddafi without access to legal counsel, family, or friends, and without being charged or brought before a court, constitutes a situation of extreme gravity and urgency with a risk of irreparable harm. The Court determined that it has prima facie jurisdiction to order provisional measures under Article 27(2) of the Protocol and Rule 51 of the Rules of Court. The principles of justice require that every accused person be accorded a fair and just trial, including access to legal representation and family. The respondent's failure to respond to previous requests for provisional measures further justified the Court's intervention....

Citation
[2015] AfCHPR 40
Parties
Applicant: African Commission on Human and Peoples' Rights; Respondent: Libya
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
10 August 2015
Case Number
Application No. 002/2013
Procedural Posture
Application for Provisional Measures / Order on Provisional Measures
Outcome
Provisional measures ordered against the respondent.
Judges
Aba J, Akuffo P, Eno R, Guissè J, Kioko J, Ngoepe J, Ouguergouz VP, Ramadhani J, Tambala J, Thompson J
Legal Topics
Right to Liberty, Right to Fair Trial, Arbitrary Detention, Access to Legal Counsel, Provisional Measures, Protection of Detainee
Source Language
English
Constitutional Law Criminal Law Right to Liberty Right to Fair Trial Arbitrary Detention Access to Legal Counsel Provisional Measures Protection of Detainee

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

African Commission on Human and Peoples' Rights

Applicant

Libya

Respondent

Procedural Posture

Application for Provisional Measures / Order on Provisional Measures

Legal Issues

  1. 1 Whether the continued detention of Saif Al-Islam Gaddafi without access to legal counsel, family, or friends violates Articles 6 and 7 of the African Charter on Human and Peoples' Rights.
  2. 2 Whether the imminent risk of irreparable harm to the detainee justifies the issuance of provisional measures.
  3. 3 Whether the Court has prima facie jurisdiction to order provisional measures in this matter.

Ratio Decidendi

The Court found that the continued detention of Saif Al-Islam Gaddafi without access to legal counsel, family, or friends, and without being charged or brought before a court, constitutes a situation of extreme gravity and urgency with a risk of irreparable harm. The Court determined that it has prima facie jurisdiction to order provisional measures under Article 27(2) of the Protocol and Rule 51 of the Rules of Court. The principles of justice require that every accused person be accorded a fair and just trial, including access to legal representation and family. The respondent's failure to respond to previous requests for provisional measures further justified the Court's intervention....

Court Disposition

Provisional measures ordered against the respondent.

Orders

  • The respondent shall refrain from all judicial proceedings, investigations, or detention that could cause irreparable damage to the detainee in violation of the Charter or any other international instruments to which Libya is a party.
  • The respondent shall allow the detainee access to a lawyer of his own choosing.