La condition du «dommage irréparable à des personnes» dans les ordonnances sur les mesures provisoires de la Cour africaine des droits de l’homme et des peuples

One of the most salient features of the jurisprudential policy of the African Court of
Human and Peoples’ Rights is the adoption of provisional measures aimed at avoiding
irreparable harm to persons resulting from a risk of violation of any human right. Indeed,
provisional measures can undoubtedly also protect rights which are generally repairable ex
post by restitution or financial compensation. Where, as a result of the persistence of State
behaviour apparently contrary to international human rights obligations, the claimant is
deprived of his means of subsistence or risks unjustly losing property which will no longer
be returned to him but at most compensated, the damage the claimant suffers can only be
considered irreparable.
Furthermore, according to the Court, the scope of the State’s obligation to protect
human rights cannot be limited to the rights provided for in the African Charter of Human
and Peoples Rights, but must be extended to the rights protected by other treaties that
complement it.