[2017] AfCHPR 125

[2017] AfCHPR 125

The Court found that the applicant, being on death row, faces a situation of extreme gravity and urgency, with a real risk of irreparable harm if executed before the Court determines the merits of his application. The rights alleged to be violated are protected under the Charter, Covenant, and Universal Declaration, to which the respondent is a party. The Court held that it has prima facie jurisdiction and that the circumstances require the preservation of the status quo through provisional measures. Accordingly, the Court ordered the respondent to refrain from executing the applicant until the application is heard and determined, and to report on measures taken to implement this order.

Citation
[2017] AfCHPR 125
Parties
Applicant: Dexter Eddie Johnson; Respondent: Republic of Ghana
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
28 September 2017
Case Number
Application No. 016/2017
Procedural Posture
Application for Provisional Measures / Order for Provisional Measures
Outcome
Provisional measures granted.
Judges
Ben Achour J, Bensaoula J, Bossa J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Niyungeko J, Orè P
Legal Topics
Right to Life, Death Penalty, Cruel Inhuman or Degrading Treatment, Fair Trial Rights
Source Language
English
Constitutional Law Criminal Law Right to Life Death Penalty Cruel Inhuman or Degrading Treatment Fair Trial Rights

Case Brief

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Parties

Dexter Eddie Johnson

Applicant

Republic of Ghana

Respondent

Procedural Posture

Application for Provisional Measures / Order for Provisional Measures

Legal Issues

  1. 1 Whether the execution of the applicant while his application is pending would violate his right to life and other fundamental rights under the Charter, Covenant, and Universal Declaration.
  2. 2 Whether the circumstances justify the grant of provisional measures to prevent irreparable harm.

Ratio Decidendi

The Court found that the applicant, being on death row, faces a situation of extreme gravity and urgency, with a real risk of irreparable harm if executed before the Court determines the merits of his application. The rights alleged to be violated are protected under the Charter, Covenant, and Universal Declaration, to which the respondent is a party. The Court held that it has prima facie jurisdiction and that the circumstances require the preservation of the status quo through provisional measures. Accordingly, the Court ordered the respondent to refrain from executing the applicant until the application is heard and determined, and to report on measures taken to implement this order.

Court Disposition

Provisional measures granted.

Orders

  • The respondent shall refrain from executing the death penalty against the applicant until the application is heard and determined.
  • The respondent shall report to the Court within sixty (60) days from receipt of this order on measures taken to implement it.