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4. Failure to grant this leg of the application wtll cause irreparable harm. Admitted ly, every case has to be JUdged on its own merits, but generally it can be said that personal freedom cannot be compensated by monetary damages . In the present case, the Applicant's release from prison will aid, to a great extent, his request for medication and healthcare Stgned· Justice Augustine S L. Ramadhani Justice Duncan Tambala Justice Elsie N. Thompson ~f~t~' t\~V\\L ~ Dated at Arusha thts 4th day of October, 2013 .. ,

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Subject of the Application2
Proceedings Before the Court3
On the Prima Facie Jurisdiction of the Court4
On the Provisional Measures Sought5
For These Reasons6

04/13 Konate v Burkina Faso (Order of Provisional measures)

AfCHPR Decision

Preview

Type of Document

Order

Keywords

Cruel and Degrading Treatment

Country

Burkina Faso

Outcome

Order of Provisional Measures

Year Decided: Oct 4, 2013

Rights Violated (ACHPR Provisions)

None Indicated

Duration of Procedure: Jun 17, 2013 ~ Oct 4, 2013

Country Geolocation

Latitude: 12.238333

Longitude: -1.561593

Country Geolocation (linked AfCHPR Decision): Burkina Faso

Primary Documents

04-13 Konate v. Burkina Faso (Order of Provisional measures) .pdf
English
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African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 191. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. 3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

UN Document

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives; 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 60Court’s Deliberations1. The deliberations of the Court shall be heldin cameraand shall remainconfidential.2. Only Judges who were Members of the Panel that heard the case shallparticipate in the deliberations of the Court.3. The decision of the Court shall be made by a majority of the Members ofthePanel present.4. In the event of a tied vote, the Presiding Judge shall have a casting vote.5. Any Member of the Court who heard the case may deliver a separate ordissenting opinion.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 28 JUDGMENT1. The Court shall render its judgment within ninety (90) days of having completed its deliberations.2. The judgment of the Court decided by majority shall be final and not subject to appeal.3. Without prejudice to sub-article 2 above, the Court may review its decision in the light of new evidence under conditions to be set out in the Rules of Procedure.4. The Court may interpret its own decision.5. The judgment of the Court shall be read in open court, due notice having been given to the parties.6. Reasons shall be given for the judgment of the Court.7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion

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