Adamantia Rachovitsa

The judicial function of the African Court on Human and Peoples’ Rights in default judgments: the developments set forth in the Léon Mugesera case

Introduction

The judicial function of the african court on human and peoples’ rights in default judgments: the developments set forth in the léon mugesera case. Analyzes the African Court on Human and Peoples’ Rights' judicial function in default judgments. Explores the Léon Mugesera case, revised rules, new powers, and challenges with non-appearing states.

Abstract

This case discussion focuses on the judicial function of the African Court on Human and Peoples’ Rights (Court) in default judgments. The discussion brings to the foreground the changes introduced by the Court in its recently revised Rules of Procedure and how these changes are put in practice in its case law. The revised provision on default judgments includesthe extended power of the Court to decide on its own motion on whether to issue a default judgment and the introduction of a legal innovation in international dispute settlement, namely, a remedy for the defaulting party to set aside a default judgment. The recent default judgment in Léon Mugesera v Rwanda serves as a focal point in the analysis since it is the first instance that the revised Rules of Procedure were put into practice and since the Mugesera case illustrates the difficulties encountered by the Court in cases of non-appearance of the respondent state. The Court’s Rules of Procedure and case law are also placed within the corpus of international (human rights) law and the jurisprudence of its two regional counterparts on matters pertaining to default judgments so as to shed light on different approaches. The analysis makes two main arguments. The first concerns theprocedural requirements for rendering a judgment in default. Until the Mugesera decision, the Court was not consistent in meeting these requirements, and had been known to decide in default on its own motion without having a textual basis in the Protocol or the Rules of Procedure to do so. The recently revised Rule of Procedure grants the Court the power to decide on its own motion. Second, the analysis argues that the Mugesera decision cements an alarming trend in the case law, whereby in cases of nonappearance the Court does not satisfy itself that the applicant’s submissions are well-founded. 

Review

This paper offers a timely and critical examination of the African Court on Human and Peoples’ Rights' (AfCHPR) approach to default judgments, a crucial procedural mechanism in international dispute settlement. By focusing on the recent revisions to the Court's Rules of Procedure and their application in the landmark *Léon Mugesera v Rwanda* case, the discussion effectively highlights the challenges faced by the Court in instances of state non-appearance. The introduction of innovations, such as the Court's expanded power to issue default judgments on its own motion and a new remedy for defaulting parties, sets the stage for a detailed analysis of their practical implications and potential impact on the Court's judicial function. The analysis makes two significant arguments concerning the AfCHPR's handling of default judgments. First, it scrutinizes the procedural requirements for rendering such judgments, noting the Court's prior inconsistency in acting on its own motion without explicit textual basis, a lacuna now addressed by the revised Rules. Second, and more critically, the paper argues that the *Mugesera* decision unfortunately solidifies an "alarming trend" whereby the Court, in cases of non-appearance, fails to adequately ensure the applicant's submissions are well-founded. By contextualizing the AfCHPR's practices within broader international human rights law and comparing them with other regional counterparts, the paper provides a rich comparative perspective that underscores the unique challenges and approaches in this specific jurisdiction. Overall, this discussion promises to be a valuable contribution to the scholarship on the African human rights system and international procedural law. Its focus on a recent, pivotal case allows for a concrete illustration of how procedural reforms are implemented and the subsequent challenges that arise. The identification of an "alarming trend" regarding the Court's scrutiny of claims in default judgments raises important questions about due process, judicial rigor, and the effectiveness of the Court in holding states accountable, even in their absence. This paper is essential reading for anyone interested in the operational dynamics of the AfCHPR and the evolving landscape of international human rights adjudication.

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