[2017] AfCHPR 124

[2017] AfCHPR 124

The Court determined that it has prima facie jurisdiction to consider the application for provisional measures, as Rwanda's withdrawal of its Article 34(6) declaration took effect after the application was filed. The applicant presented credible allegations of violations of his rights under the African Charter, including lack of access to counsel, family, and medical care, as well as inhuman and degrading treatment. The Court found the situation to be of extreme urgency and that failure to act could result in irreparable harm to the applicant. Therefore, the Court ordered Rwanda to allow the applicant access to his lawyers and family, ensure provision of all required medical care, and...

Citation
[2017] AfCHPR 124
Parties
Applicant: Léon Mugesera; Respondent: Republic of Rwanda
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
28 September 2017
Case Number
Application No. 012/2017
Procedural Posture
Provisional Measures Application / Order
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 Fair Trial, Inhuman and Degrading Treatment, Access to Medical Care, Right to Family Communication, Prisoner Rights
Source Language
English
Constitutional Law Human Rights Right to Fair Trial Inhuman and Degrading Treatment Access to Medical Care Right to Family Communication Prisoner Rights

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Léon Mugesera

Applicant

Republic of Rwanda

Respondent

Procedural Posture

Provisional Measures Application / Order

Legal Issues

  1. 1 Whether the applicant's rights under the African Charter on Human and Peoples' Rights have been violated during detention and trial proceedings.
  2. 2 Whether the applicant is entitled to provisional measures to prevent irreparable harm pending determination of the main application.
  3. 3 Whether the Court has prima facie jurisdiction to order provisional measures despite Rwanda's withdrawal of its Article 34(6) declaration.

Ratio Decidendi

The Court determined that it has prima facie jurisdiction to consider the application for provisional measures, as Rwanda's withdrawal of its Article 34(6) declaration took effect after the application was filed. The applicant presented credible allegations of violations of his rights under the African Charter, including lack of access to counsel, family, and medical care, as well as inhuman and degrading treatment. The Court found the situation to be of extreme urgency and that failure to act could result in irreparable harm to the applicant. Therefore, the Court ordered Rwanda to allow the applicant access to his lawyers and family, ensure provision of all required medical care, and...

Court Disposition

provisional_measures_granted

Orders

  • The Respondent State shall allow the Applicant access to his lawyers.
  • The Respondent State shall allow the Applicant to be visited by his family members and to communicate with them without any impediment.