14. It is for the Court to decide in each situation if, in the light of the particular circumstances, it should make use of the power provided for by the aforementioned provisions. 15. The Applicant Is on death row and it appears from this Application that there exists a situation of extreme gravity, as well as a risk of irreparable harm to the Applicant. 16. Given the particular circumstances of the case, where there is a risk of execution of the death penalty which may jeopardise the enjoyment of the rights guaranteed under Article 3 and 7(1) of the Charter, the Court has decided to invoke its powers under Article 27(2) of the Protocol; 17. The Court finds that the situation raised In the present Application is of extreme gravity and represents a risk of irreparable harm to the rights of the Applicant as protected by Article 3 and 7(1) of the Charter, if the death sentence were to be carried out. 18. Consequently, the Court concludes that the circumstances require an Order for provisional measures, in accordance with Article 27(2) of the Protocol and Rule 51 of its Rules, to preserve the status quo ante, pending the determination of the main Application. 19. For the avoidance of doubt, this Order shall not in any way prejudice any findings the Court shall make regarding its jurisdiction , the admissibility and the merits of the Application. For these reasons, 20. The Court. unanimously, orders the Respondent: a) To refrain from executing the death penalty against the Applicant pending the determination of the Application. b) To report to the Court within thirty (30) days from the date of receipt of this Order, on the measures taken to implement the Order. /.~fl. ot..!J.If1!( ~.b.. , Done at Arusha, this . .day in the year... Portuguese and Arabic, the English version being authoritative. in English, French , 4