African Court on Human and Peoples' Rights Order for Provisional Measures Dexter Eddie Johnson v. Republic of Ghana Application 016/2017 (PARTLY) DISSENTING OPINION OF JUDGES GERARD NIYUNGEKO AND RAFAA BEN ACHQUR 1. We voted for the provisional measure to "refrain from executing the death penalty against the Applicant until the Application is heard and determined"1. This is because we are convinced about the absolute necessity and urgency of such an order. The Court did well, and on this, we are in perfect agreement that the "situation raised in the present Application is of extreme gravity and represents a risk of irreparable2 harm" if no action is taken to preserve the status quo. 2. That said, we do not share the decision to grant the Respondent State sixty (60) days to report to the Court on the measures taken to implement its decision3. In our understanding, this too long time limit is not reasonably defensible, and the inconsistency of such a time limit cannot be justified. 3. We note straight away, that the Application was received at the Court Registry on 26 May 2017, and that, unlike other Applications by persons on the death row, it was the Applicant himself who requested an order for provisional measures. In actual fact, unlike other cases, the Court did not take the initiative to pronounce provisional measures on its own accord as authorized by Article 27 (2) of the Protocol and Rule 51 (1) of its Rules. Upon receipt of the Application, the Court gave the Respondent State sixty (60) days within which to respond to the Application. The latter did not react. 1 § (a) of the operative provisions 2 ( § 18 ) 3 § (b) of the operative provisions

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