demonstrators killing and injuring many people,
- that hospital sources reported that on the 20th of February 2011 they received individuals who had died or
been injured with bullet wounds in the chest, neck and head,
- that Libyan security forces engaged in excessive use of heavy weapons and machine guns against the
population, including targeted aerial bombardment and all types of attacks, and
- that these amount to serious violations of the right to life and to the integrity of persons, freedom of
expression, demonstration and assembly.
3. Whereas, the Commission concludes that these actions amount to serious and widespread violations of
the rights enshrined in Articles 1, 2, 4, 5, 9, 11, 12, 13 and 23 of the Charter;
4. Whereas, on the 21st of March 2011, the Registry of the Court acknowledged receipt of the application,
in accordance with Rule 34(1) of the Rules of Court;
5. Whereas, on the 22nd of March 2011, the Registry forwarded copies of the application to Libya, in
accordance with Rule 35 (2) (a) of the Rules of Court, and invited Libya to indicate, within thirty (30) days of
receipt of the application, the names and addresses of its representatives, in accordance with Rule 35 (4)
(a), whereas the Registry further invited Libya to respond to the application within sixty (60) days, in
accordance with Rule 37 of the Rules;
6. Whereas, by letter dated the 22nd of March 2011, the Registry informed the Chairperson of the African
Union Commission, and through him, the Executive Council of the African Union, and all the other States
Parties to the Protocol, of the filing of the application, in accordance with Rule 35(3) of the Rules;
7. Whereas, by letter dated the 23rd of March 2011, the Registry forwarded copies of the application to the
complainants that seized the Commission, in accordance with Rule 35 (2)(e) of the Rules;
8. Whereas, by letter dated the 23rd of March 2011, the Registry informed the parties to the application that,
given the extreme gravity and urgency of the matter, the Court might, on its own accord, and in accordance
with Article 27(2) of the Protocol and Rule 51(1) of its Rules, issue provisional measures;
9. Whereas in its application, the Commission did not request the Court to order provisional measures;
10. Whereas, however, under Article 27 (2) of the Protocol and Rule 51 (1) of the Rules, the Court is
empowered to order provisional measures proprio motu "in cases of extreme gravity and urgency and when
necessary to avoid irreparable harm to persons" and "Which it deems necessary to adopt in the interest of
the parties or of justice";
11. Whereas, it is for the Court to decide in each situation if, in the light of the particular circumstances, it
should make use of the power provided for by the aforementioned provisions;
12. Whereas, given the particular circumstances of the case, the Court has decided to invoke its powers
under these provisions;
13. Whereas, in the present situation where there is an imminent risk of loss of human life and in view of
the ongoing conflict in Libya that makes it difficult to serve the application timeously on the Respondent and
to arrange a hearing accordingly, the Court decided to make an order for provisional measures without
written pleadings or oral hearings;
14. Whereas, in dealing with an application, the Court has to ascertain that it has jurisdiction under Articles
3 and 5 of the Protocol;
15. Whereas, however, before ordering provisional measures, the Court need not finally satisfy itself that it
has jurisdiction on the merits of the case, but simply needs to satisfy itself, prima facie, that it has
jurisdiction;
16. Whereas, Article 3 (1) of the Protocol provides that 'the jurisdiction of the Court shall extend to all cases
and disputes submitted to it concerning the interpretation of the Charter, this Protocol and any other
relevant human rights instrument ratified by the States concerned';
17. Whereas, Libya ratified the Charter on the 19th of July 1986 which came into force on the 21st of
October 1986; whereas, Libya ratified the Protocol on the 19th of November 2003 which came into force on
the 25th of January 2004; and Libya is a party to both instruments;
18. Whereas, Article 5 (1) (a) of the Protocol lists the Commission as one of the entities entitled to submit
cases to the Court;
19. Whereas, in the light of the foregoing, the Court has satisfied itself that, prima facie, it has jurisdiction to
deal with the application;

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