42. The Court notes that it lies with it to decide for each case, whether in light
of the particular circumstances of the matter, it should exercise the
jurisdiction conferred on it by the aforementioned provisions.
43. The Court notes that, although in terms of Article 19 paragraph 2 of the Law
establishing CRIET, its judgments are subject to cassation appeal 2 , Article
594 of the Benin Code of Criminal Procedure declares invalid the appeal of
convicted persons who are not in detention or have not obtained exemption
from execution of the sentence. 3
44. In the circumstances of the instant case, wherein the Applicant is not in
detention and has not obtained exemption from execution of the sentence,
the Court holds that there is still the risk that the prison sentence would be
executed notwithstanding possible cassation appeal.
45. In view of the foregoing, the Courl finds that the circumstances of this case
highlight a situation of extreme gravity and presents a risk of irreparable
harm to the Applicant if the CRIET's decision of 18 October 2018 were to
be enforced prior to this Court's decision in the matter pending before it.
46. The Court therefore holds in conclusion that the said circumstances require
it to order Provisional Measures, in accordance with Article 27(2) of the
Protocol and Rule 51 of its Rules, so as to preserve the status quo.
47. The Court specifies that this Order is necessarily provisional and does not
in any way prejudge the findings the Court might make as regards its
jurisdiction, admissibility of the Application and Ihe merits of this malter.
2
"The judgments of the Economic Crimes and Terrorism Court shall be justified. They shall be delivered in open
Court and shall be subject to cassation appeal by the convicted person, the Public Prosecutor's Office and the
civil parties."
J
"Persons subject to custodial sentence with or without bail shall be declared incompetent to file any appeal. In
order for his Application to be admitted, It is sufficient for the Applicant to present him/herself before the Office
of the Prosecutor to undergo the detention."
9