11. The Complainants submit that the Victim has never had a mental health
assessment and as such, it cannot be ruled out that he suffers from a mental illness
or intellectual or psycho-social disability that would preclude his execution under
applicable norms of international law.
Articles alleged to have been violated:
12. The Complainants allege violation of Articles 1, 4, 5, 7, 16 and 18 of the African
Charter.
Prayers:
13. The Complainants request the African Commission on Human and Peoples' Rights
(the Commission) to issue Provisional Measures pursuant to Rule 98 of its Rules,
to prevent irreparable harm to the Victim on account of the real and imminent risk
of execution by hanging.
14. The Complainants further request the Commission to call on the Respondent State
to adopt the following Provisional Measures:
a. To provide a copy of the regulations governing the clemency process by the
Respondent State in order that the Victim may meaningfully avail himself of
his right to seek clemency;
b. To provide written notice staying the Victim's impending execution until such
a time as (i) all legal challenges-including those relating to the clemency
processes and including proceedings before the Commission have been
resolved, (ii) he has been afforded the opportunity to participate in a fair and
meaningful clemency process operating in accordance with the principles of
natural justice and domestic and international law, including sufficient time to
be able to prepare his petition, (iii) the Victim and his family and lawyers have
been informed of the outcome of his clemency process and if relevant, granted
sufficient notice of his execution to allow him to make appropriate
arrangements to prepare himself for his execution, spiritually and emotionally
and (iv) the Respondent State has confirmed by means of a full mental health,
intellectual and psycho-social assessment, that the Victim does not suffer from
a mental illness or intellectual or psycho-social disability such as would render
his execution in breach of Article 4 of the African Charter;
c. To conduct or facilitate an independent assessment of the Victim's mental
health and intellectual functioning in order to determine whether he does not
or may suffer from a mental illness or intellectual or psycho-social disability
such as would render his execution a breach of Article 4 of the African Charter.