Judgments

Makhlouf v Republic of Tunisia (003/2026) [2026] AfCHPR 9 (6 July 2026) Court found prima facie jurisdiction but dismissed provisional measures for failure to show irreparable harm and to avoid prejudging merits. Human Rights — Provisional Measures — Extreme Gravity, Urgency and Irreparable Harm Required — Provisional Measures Must Not Prejudice Merits — Protocol art. 27(2); Rules art. 59(1)	6 July 2026
Makhlouf C. République Tunisienne (003/2026) [2026] AfCHPR 9 (6 juillet 2026) Court refused the applicant’s provisional measures, finding no proven irreparable harm and that relief raised merits issues. Human Rights — Provisional Measures — Urgency and Irreparable Harm — Preventive Relief Not Warranted Absent Real Risk and Evidence — Extradition/Detention — Provisional Measures Cannot Decide Merits — Requests Inseparable From Substantive Issues Jurisdiction — Prima Facie Competence — Effect of Withdrawal of Article 34(6) Declaration — Applications Filed Before Entry Into Force Not Affected	6 July 2026
سيف الدين مخلو فضدالجمهورية التونسي ة (2026/003) [2026] AfCHPR 9 (6 يوليو 2026) Court has prima facie jurisdiction but refused provisional measures for lack of urgency and irreparable harm. Human Rights — Provisional Measures — Request for return to UNHCR custody and permission to travel — Requirements of urgency, necessity and irreparable harm — Inseparability of requested relief from merits — Court cannot grant measures that require resolving core merits issues African Court — Jurisdiction — Effect of withdrawal of Article 34(6) declaration — Withdrawal inapplicable to applications filed before entry into force	6 July 2026
Belgeith v Republic of Tunisia (Application No. 004/2025) [2026] AfCHPR 13 (6 July 2026) Court found prima facie jurisdiction but dismissed provisional measures as they would prejudge the merits. Human Rights — Jurisdiction — Prima facie jurisdiction to entertain applications filed before Article 34(6) withdrawal takes effect — African Charter / ICCPR — Provisional Measures — Suspension or delay of withdrawal of Article 34(6) Declaration — Whether such measures would prejudge the merits	6 July 2026
بلغايث ضد الجمهورية التونسية (القضية رقم2025/004) [2026] AfCHPR 13 (6 يوليو 2026) Applicant failed to show extreme urgency and irreparable harm; Court had jurisdiction but refused provisional measures. Human Rights — Provisional Measures — Urgency and irreparable harm required for interim relief — Measures must not prejudge merits Jurisdiction — Effect of withdrawal of Article 34(6) declaration — Withdrawal does not affect cases filed before its effective date	6 July 2026
Belgeith v Republique Tunisienne (Requete No. 004/2025) [2026] AfCHPR 13 (6 juillet 2026) Court finds prima facie competence but rejects provisional measures that would prejudice the merits by duplicating requested relief. Human Rights — Provisional Measures — Suspension of withdrawal of Article 34(6) declaration — Whether interim relief prejudges merits	6 July 2026
Kabia and Another v Republic of Sierra Leone (ECW/CCJ/APP/09/24; ECW/CCJ/JUD/36/26) [2026] ECOWASCJ 17 (25 June 2026) State liability for failing to prohibit and investigate child marriage and related gender‑based violations, with reparations ordered. Human Rights — Child Protection — State Obligation to Prohibit Child Marriage — Duty to adopt and effectively implement legislation setting 18 as minimum age — Due Diligence — Obligation to Investigate and Prosecute — State duty triggered by knowledge of a child's marital status — Gender Equality — Gender‑Based Violence and Discrimination — Failure to prevent child marriage as discriminatory practice	25 June 2026
Lacerda v State of Cape Verde (ECW/CCJ/APP/38/23/REV; ECW/CCJ/JUD/38/26) [2026] ECOWASCJ 19 (25 June 2026) Revision denied: alleged procedural defects and local measures did not constitute newly discovered facts for review. Human Rights — Procedure — Revision of judgment — Requirements for admissibility under Article 25 Protocol A/P.1/07/91 and Rule 92 — New fact, non‑negligence and time limits	25 June 2026
Lacerda v I'Etat Du Cap-Vert (ECW/CCJ/APP/38/23/REV; ECW/CCJ/JUD/38/26) [2026] ECOWASCJ 19 (25 juin 2026) Revision denied: alleged procedural failings and evidence omissions were not newly discovered facts required for revision. Human Rights — Revision of Judgment — New decisive facts requirement under Article 25 Protocol A/P.1/07/91 Civil Procedure — Admissibility — Burden to show facts unknown to court and applicant and not due to negligence Procedural Law — Right to be heard — Non‑attendance or technical failures do not constitute newly discovered facts if known or caused by applicant's omission	25 June 2026
Lacerda c Estado De Cabo Verde (ECW/CCJ/APP/38/23/REV; ECW/CCJ/JUD/38/26) [2026] ECOWASCJ 19 (25 Junho 2026) Revision denied: applicant failed to show a newly discovered fact that could have decisively altered the Tribunal's judgment. Human Rights — Revision of Judgment — New decisive fact requirement — Article 25 Protocol A/P.1/07/91 — Competence and admissibility	25 June 2026

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