Respondent State's submissions were received on 14 November 2018 at
the Registry, which served the same on the Applicant on the same day.
24. On 20 November 2018, the Registry received the Respondent State's
observations as contained in its letter of 19 November 2018, regarding the
stay of execution of CRIET judgment. The Registry transmitted the said
observations to the Applicant on the same day.
25. On 21 November 2018, the Applicant tendered before the Court a set of
documents in support of the allegations of violation of his rights, consisting
of a study report conducted by the Benin Bar Association on CRIET, the
transcript of the statement of the President of the National Union of Benin
Magistrates and a copy of the judgment delivered by CRIET. The said
documents were forwarded to the Respondent State on the same day.
26. On 5 December 2018, the Court issued an interim order to set aside the
deliberation and reopen the written proceedings. It also admitted the new
evidence filed by the parties after the matter was placed under deliberation.
VI.
ON PRIMA FACIE JURISDICTION
27. In dealing with any Application filed before ii, the Court has to ascertain
that it has jurisdiction pursuant to Rule 39 of its Rules and Articles 3 and
5( 3) of the Protocol.
28. However, in examining a request for provisional measures, the Court need
not establish that it has jurisdiction on the merits of the case, but simply
satisfy itself that it has prima facie 1 jurisdiction.
I Application No. 002/2013. Order of 15/3/2013 for Provisional Measures, African Commission on Human and
Peoples'Rights v. Libya (herein-after referred to as African Commission on Human and Peoples' Rights v.
Libya, Order for Provisional Measures") §. 10 ; Application No, 024/2016. Order of 3/6/2016 for Provisional
Measures, Amini Jumo v. United Republic of Tanzania (herein-after referred to as "AminiJuma v United Republic
0/ Tanzania, Order for Provisional Measures § 8.
H
)