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Uganda decisions
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Kone and Another v Republic of Mali (Ruling) (Application No. 004/2024) [2024] AfCHPR 36 (20 November 2024)
The African Court dismissed a request for provisional measures by two Malian judicial officers, finding no proven urgency, extreme gravity, or irreparable harm.
Mustafa v Republic of Malawi (Application No. 008/2023) [2024] AfCHPR 38 (18 March 2024)
The Court found that while the Applicant demonstrated urgency and extreme gravity due to her lack of control over the properties and reliance on them for daily needs, she failed to provide evidence of imminent sale or auction of the properties, such as a notice of sale or advertisement. Furthermore, the Applicant's argument that Ms. Emily Mustafa would be unable to compensate her was deemed immaterial, as any compensation would be the responsibility of the Respondent State. Therefore, the Applicant did not sufficiently prove that she would suffer irreparable harm if the Supreme Court of Appea…
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Chanthunya v Republic of Malawi (Application No. 001/2022) [2024] AfCHPR 1 (24 January 2024)
The African Court dismissed a request for provisional measures seeking a stay of sentences in a fair-trial case, holding that the relief would prejudge the merits.
XYZ v Republic of Benin (Application No. 003/2021) [2023] AfCHPR 50 (18 December 2023)
The African Court held it lacked prima facie jurisdiction over an application for provisional measures because the request was unrelated to the main case.
Soglo v Republic of Benin (Application 011/2021) [2023] AfCHPR 36 (7 November 2023)
The court found that the applicant did not exhaust available local remedies with respect to both his removal from office and the criminal proceedings against him. The applicant failed to provide evidence of pursuing annulment before the Administrative Chamber of the Supreme Court and did not appeal the criminal conviction, despite the possibility of doing so through legal representation. The court held that the applicant's justification for not appealing due to exile was untenable, as Benin's law allows appeals to be filed by proxy and suspends execution of judgment during appeal. Given the c…
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Soumare v Republic of Mali (Application 038/2019) [2023] AfCHPR 23 (5 September 2023)
The African Court found Aminata Soumaré’s application inadmissible for failure to prove exhaustion of local remedies, and dismissed provisional measures.
Ghannouchi and Others v Republic of Tunisia (Application No. 004/2023) [2023] AfCHPR 19 (28 August 2023)
The African Court granted provisional measures in part, ordering Tunisia to remove barriers to lawyers and doctors and disclose detention grounds, but refused release.
Mtega and Another v United Republic of Tanzania (Application No. 009/2019) [2023] AfCHPR 51 (26 July 2023)
The African Court dismissed a request for provisional measures in an application by two Tanzanian prisoners, finding no showing of urgency or irreparable harm.
Fathi and Others v Republic of Tunisia (Application No. 001/2023) [2023] AfCHPR 3 (17 March 2023)
The African Court dismissed applicants’ request for provisional measures challenging Tunisia’s Decree-Law No. 2022-55 and a request to postpone elections.
Hussein v United Republic of Tanzania (Application No. 001/2018) [2023] AfCHPR 7 (11 February 2023)
The Court determined that it has prima facie jurisdiction to consider the application for provisional measures, as the alleged violations concern rights protected under the African Charter and the Protocol, to which the Respondent State is a party. Given the Applicant's sentence of death and the risk of irreparable harm to his rights under Articles 3(2) and 7(1)(c) of the Charter, the Court found that the circumstances warranted the issuance of provisional measures. The Court exercised its powers under Article 27(2) of the Protocol to order a stay of execution of the death sentence pending de…
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