Wakilii

Fidele and Another v Côte d'Ivoire (Application No. 046-2019; Application No. 048-2019)

African Court on Human and Peoples' Rights · [2019] AfCHPR 56 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Applications for joinder of two separate human rights applications filed against the same respondent state
Decision
Applications joined for consolidated hearing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Court ordered the joinder of two applications filed by different applicants against Côte d'Ivoire where both applicants were represented by the same lawyer, the applications arose from the same trial and sentencing, alleged similar violations of fair trial rights, and sought similar relief.

Outcome

Applications joined for consolidated hearing

Facts

Aka Yao Bossin Fidèle and Zakaria Sanogo filed separate applications on 2 October 2019 against the Republic of Côte d'Ivoire. Both applicants were tried and sentenced to twenty years imprisonment by the Abidjan-Plateau Court of First Instance for theft and armed robbery without legal representation. The sentence was upheld by the Abidjan Court of Appeal. Both applicants were represented by the same lawyer and alleged violations of their rights to fair trial, effective remedy, access to counsel, justice and equality of arms under the African Charter on Human and Peoples' Rights, the International Covenant on Civil and Political Rights and the Universal Declaration of Human Rights.

Issues

  1. Whether the two applications should be joined for hearing and determination

Orders

  • The joinder of Applications Nos. 046/2019 and 048/2019 and related pleadings ordered.
  • The applications to be referred to as 'Consolidated Applications Nos. 046/2019 and 048/2019 - Aka Yao Bossin Fidèle and Another v. Republic of Côte d'Ivoire'.
  • This Order and the pleadings relating to the matters to be served on all parties.

Rules and key headnotes

Civil Procedure — Joinder of Cases — Criteria for Joinder
A court may order the joinder of interrelated cases where the applicants are represented by the same lawyer, the applications are filed against the same respondent, the facts supporting the applications are similar, the alleged violations are the same, and the reliefs sought are similar in nature.

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Fidele and Another v Côte d'Ivoire (Application No. 046-2019; Application No. 048-2019) [2019] AfCHPR 56 (2 December 2019)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.