[2013] AfCHPR 39

[2013] AfCHPR 39

The Court found it had prima facie jurisdiction as Burkina Faso is party to the relevant instruments and has accepted the Court's competence. The request for immediate release was rejected because granting it as a provisional measure would prejudge the substantive merits of the case, which include the legality of imprisonment for libel. However, the applicant's request for adequate medical care was upheld, as his health had deteriorated in detention and the respondent did not contest this. The Court determined that denying medical care could cause irreparable harm, and therefore ordered the respondent to provide all necessary medication and health care for the duration of the applicant's...

Citation
[2013] AfCHPR 39
Parties
Applicant: Lohé Issa Konaté; Respondent: Burkina Faso
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
4 October 2013
Case Number
Application No. 004/2013
Procedural Posture
Provisional Measures Application / Order
Outcome
Applicant's request for immediate release rejected; request for medical care granted.
Judges
Aba J, Akuffo P, Eno R, Guissè J, Kioko J, Ngoepe VP, Niyungeko J, Orė J, Ouguergouz J, Ramadhani J, Tambala J, Thompson J
Legal Topics
Freedom of Expression, Libel and Slander, Provisional Measures, Irreparable Harm, Right to Health
Source Language
English
Constitutional Law Criminal Law Freedom of Expression Libel and Slander Provisional Measures Irreparable Harm Right to Health

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Parties

Lohé Issa Konaté

Applicant

Burkina Faso

Respondent

Procedural Posture

Provisional Measures Application / Order

Legal Issues

  1. 1 Whether the applicant's imprisonment and fines for libel violate his right to freedom of expression under international human rights instruments.
  2. 2 Whether the applicant is entitled to provisional measures, specifically immediate release or adequate medical care, pending determination of the substantive application.
  3. 3 Whether the Court has prima facie jurisdiction to order provisional measures in this matter.

Ratio Decidendi

The Court found it had prima facie jurisdiction as Burkina Faso is party to the relevant instruments and has accepted the Court's competence. The request for immediate release was rejected because granting it as a provisional measure would prejudge the substantive merits of the case, which include the legality of imprisonment for libel. However, the applicant's request for adequate medical care was upheld, as his health had deteriorated in detention and the respondent did not contest this. The Court determined that denying medical care could cause irreparable harm, and therefore ordered the respondent to provide all necessary medication and health care for the duration of the applicant's...

Court Disposition

Applicant's request for immediate release rejected; request for medical care granted.

Orders

  • The applicant's request for immediate release is rejected.
  • The respondent is ordered to provide the applicant with all necessary medication and health care for the entire period of his detention.