[2019] AfCHPR 37

[2019] AfCHPR 37

The Court found that the Applicant had already been released to the Republic of Rwanda as confirmed by his legal representative and supporting documentation. As the Applicant's principal prayer for provisional release onto Tanzanian territory was rendered moot by his release to Rwanda, and the remaining prayers overlapped with the substantive relief sought in the main application, the Court determined that there was no longer a live issue requiring provisional measures. The Court therefore dismissed the application for provisional measures, holding that it was unnecessary to pronounce on the requirements of Article 27(2) of the Protocol or the admissibility conditions under Article 56 of...

Citation
[2019] AfCHPR 37
Parties
Applicant: Jean de Dieu Ndajigimana; Respondent: United Republic of Tanzania
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
26 September 2019
Case Number
Application No. 024/2019
Procedural Posture
Provisional Measures Application / Order on Provisional Measures
Outcome
application for provisional measures dismissed as moot
Judges
Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J
Legal Topics
Provisional Measures, Arbitrary Detention, Right to Liberty, International Human Rights Obligations
Source Language
English
Constitutional Law Civil Procedure Provisional Measures Arbitrary Detention Right to Liberty International Human Rights Obligations

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 14 Party arguments 2
Sign in to unlock

Parties

Jean de Dieu Ndajigimana

Applicant

United Republic of Tanzania

Respondent

Procedural Posture

Provisional Measures Application / Order on Provisional Measures

Legal Issues

  1. 1 Whether the Court should order provisional measures to secure the Applicant's release onto the territory of Tanzania pending determination of the main application.
  2. 2 Whether the Applicant faces a situation of extreme gravity and urgency justifying provisional measures.
  3. 3 Whether the Applicant's request for provisional measures has become moot following his release to Rwanda.

Ratio Decidendi

The Court found that the Applicant had already been released to the Republic of Rwanda as confirmed by his legal representative and supporting documentation. As the Applicant's principal prayer for provisional release onto Tanzanian territory was rendered moot by his release to Rwanda, and the remaining prayers overlapped with the substantive relief sought in the main application, the Court determined that there was no longer a live issue requiring provisional measures. The Court therefore dismissed the application for provisional measures, holding that it was unnecessary to pronounce on the requirements of Article 27(2) of the Protocol or the admissibility conditions under Article 56 of...

Court Disposition

application for provisional measures dismissed as moot

Orders

  • The Applicant’s request for provisional measures is dismissed.