UNION AFRICAINE AFRICAN UNION UNIAO AFRICANA AFRICAN COURT ON HUMAN AND PEOPL E ' RIGHTS COUR AFRICAINE DES DROITS DE L'HOM ME ET DES PEUPLES P.O Box 6274Arusha, Tanzania Telephone: +255 732 979 509 Fax. +255 732 979 503 IN THE MATIE R OF LOHE ISSA KONATE v. BURKINA FASO APPLICATION Ng 004/201 3 JOINT DISSENTING OPINION OF JUSTIC ES RAMAD HANI, TAMBA LA AND THOMP SON We 1. We have had the privilege of reading the Order of Provisional Measures in draft. for are howeve r having great difficulty agreeing with the reasoning of the majority refusing the first request by the Applicant, that is, "his immediate release ". Surely he the Applicant is not saying that he be released without more. He is asking that this be released provisionally pending the determination of his Application before Court. that 2. There is no reason why this cannot be done, especially when the Respondent nal has been served with the Application which incorporates the request for provisio measures has not raised any objection. touch 3. The granting of this leg of the request for provisional measure will in no way or prejudice the substantive application. If the Application Is refused the Applicant will simply be sent back to jail to complete his sentence.