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Published online by Cambridge University Press: 28 October 2020
On April 22, 2020, the African Court on Human and Peoples’ Rights (the Court) rendered an order for provisional measures in the case Guillaume Kigbafori Soro and Others v. Côte d'Ivoire. In this decision, the Court found that the situation of the applicants who were facing criminal proceedings domestically was sufficiently urgent and grave to ask Côte d'Ivoire to halt the execution of the arrest and detention warrants issued against them, with a view to preserving their rights and avoiding irreparable harm against them.
1 Article 7 (right to a fair trial, legality principle, individualisation of punishment); Article 12 (freedom of movement and residence, right to seek and to obtain asylum, expulsion of non-nationals); and Article 18 (protection of the family, elimination of discrimination against women, protection of the woman and the child and protection of the aged and disabled persons).
2 Article 14 (independence of the judiciary, right to fair trial); Article 23 (protection of the family).
3 Guillaume Kigbafori Soro and Others v. Republic of Côte-d'Ivoire, No. 012/2020, Order for Provisional Measures, African Court on Human and Peoples’ Rights [Afr. Ct. H.P.R.] (Apr. 22, 2020), ¶ 13.
4 Id. ¶ 22.
5 Id. ¶ 33.
6 Id. ¶ 39.
7 Id. ¶ 40.
8 Sègnonna Horace Adjolohoun, “A crisis of design and judicial practice? Curbing state disengagement from the African Court of Human and Peoples’ Rights,” 20 African Hum. Rts. J. 22 (2020).
9 Id., p. 17.
10 Declarations and withdrawals are available on the Court's webpage: https://www.african-court.org/en/index.php/basic-documents/declaration-featured-articles-2.
11 See, in particular, the withdrawal's declaration of Benin.
12 The Consolidated Matter of the Tanganyika Law Society and Legal and Human Rights Centre v. United Republic of Tanzania/ Reverend Christopher R. Mtikila v. United Republic of Tanzania, Nos. 009/2011 and 011/2011, Judgment, African Court on Human and Peoples’ Rights [Afr. Ct. H.P.R.] (June 14, 2013); Actions pour la Protection des Droits de l'Homme v. Republic of Côte d'Ivoire, African Court on Human and Peoples’ Rights [Afr. Ct. H.P.R.], (Nov. 18, 2016).
13 Adjolohoun, supra note 8, pp. 39–40.