Wakilii

Fory v Republic of Cote D'Ivoire (Application No. 034-2017)

African Court on Human and Peoples' Rights · [2021] AfCHPR 8 · 2021 Application Partly Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to the African Court on Human and Peoples' Rights alleging violations of human rights following two imprisonments and delayed cassation appeal
Decision
Application partly allowed; Respondent State found to have violated Applicant's right to be tried within a reasonable time; damages awarded; publication of judgment ordered

Observed later treatment

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Holding

The African Court held that it has jurisdiction over the application despite Côte d'Ivoire's withdrawal of its Article 34(6) declaration, as the application was filed before the withdrawal took effect. The Court found the application admissible regarding the right to be tried within a reasonable time but inadmissible regarding property rights, right to work, and arbitrary detention claims for failure to exhaust local remedies. The Court held that the Supreme Court's failure to rule on the Applicant's cassation appeal for over 20 years violated his right to be tried within a reasonable time under Article 7(1)(d) of the African Charter. The Court awarded 45 million CFA francs in moral damages to the Applicant and his family.

Outcome

Application partly allowed; Respondent State found to have violated Applicant's right to be tried within a reasonable time; damages awarded; publication of judgment ordered

Facts

In July 1995, Kouadio Kobena Fory, a revenue officer for the Commune of Guiberoua in Côte d'Ivoire, withdrew funds to pay government suppliers. A fire broke out at the revenue office premises on 23 July 1995. The Applicant was arrested on 24 July 1995 following a complaint by the regional treasurer for misappropriation of public funds. On 5 June 1996, the Gagnoa Court of First Instance sentenced him to ten years in prison, a fine, and damages. After serving his sentence and being released on 31 July 2005, he was re-arrested on 5 August 2005 and detained without indictment or trial at Abidjan MACA prison with political prisoners until 1 August 2011. The Applicant filed a cassation appeal to the Supreme Court on 29 July 1997, which remained pending for over 20 years without a decision. He filed this application with the African Court on 8 November 2017, alleging violations of his fundamental rights.

Issues

  1. Whether the African Court has jurisdiction to hear the application given the Respondent State's withdrawal of its declaration under Article 34(6) of the Protocol.
  2. Whether the application is admissible despite the Applicant's cassation appeal remaining pending before the Supreme Court for over 20 years.
  3. Whether the application was filed within a reasonable time.
  4. Whether the Applicant exhausted local remedies in respect of alleged violations of property rights, right to work, and right to freedom from arbitrary detention.
  5. Whether the Respondent State violated the Applicant's right to be tried within a reasonable time as guaranteed by Article 7(1)(d) of the African Charter.

Orders

  • Found that it has jurisdiction to hear the alleged violations committed after the date of entry into force of the Protocol in regard to the Respondent State.
  • Found that the objection based on inadmissibility is founded in relation to the prohibition of arbitrary arrest and detention and the alleged violation of the right to the respect of political opinion.
  • Declared inadmissible the alleged violation of the right to work, to remuneration and to property.
  • Dismissed the objection based on the alleged violations of the right to be tried within a reasonable time.
  • Declared the Application admissible.
  • Found that the Respondent State has violated the Applicant's right to a hearing within a reasonable time as guaranteed in Article 7(1)(d) of the Charter.
  • Found that the request for reparation for prejudice related to the right to work, to remuneration, and to property is moot.
  • Dismissed the request for the reimbursement of travel expenses purportedly incurred by the Applicant's family members to visit him during his detention.
  • Ordered the Respondent State to pay the Applicant the sum of Forty-five million (45,000,000) CFA francs, broken down as follows: Forty million (40,000,000) CFA francs for the moral prejudice he suffered; Two million (2,000,000) CFA francs as compensation for the moral prejudice suffered by the Applicant's wife; One million (1,000,000) CFA francs to each of the Applicant's three (3) children for the moral prejudice they suffered.
  • Dismissed the Applicant's request to be provided a secure location.
  • Ordered the Respondent State to publish this judgment on the website of the Government, the Ministry of Justice, and the Supreme Court for at least one (1) year.
  • Ordered the Respondent State to report within six (6) months from the date of notification of this Judgment on the measures taken to implement the publication order and within one (1) year on other measures and thereafter every six (6) months until the Court considers that the judgment has been fully implemented.
  • Ordered that each Party shall bear its own costs.

Rules and key headnotes

Jurisdiction — Temporal Jurisdiction — Continuing Violations
A regional human rights court has temporal jurisdiction over continuing violations that began before but extended beyond the date of entry into force of the Protocol establishing the court's jurisdiction, even where the initial wrongful act occurred before that date.
Jurisdiction — Effect of Withdrawal of Declaration — Pending Cases
The withdrawal of a State's declaration accepting the jurisdiction of a regional human rights court to receive applications from individuals does not have retroactive effect and has no bearing on cases pending at the time of depositing the instrument of withdrawal or on new cases filed before the withdrawal takes effect.
Admissibility — Exhaustion of Local Remedies — Undue Delay Exception
An applicant is not required to exhaust local remedies where proceedings before the highest domestic court have been pending for over 20 years without a decision and the State provides no explanation for the delay, as such delay constitutes undue prolongation within the meaning of Article 56(5) of the African Charter.
Admissibility — Reasonable Time for Filing Application
Where an applicant's cassation appeal remains pending before the highest domestic court, the application to a regional human rights court cannot be said to have been filed outside a reasonable time, as the reasonable time begins to run from the date of the last local remedy pursued and exhausted.
Right to Fair Trial — Right to Be Tried Within a Reasonable Time
The failure of a Supreme Court to rule on a cassation appeal for over 20 years, where the applicant and his counsel made numerous attempts to have the appeal heard and the State provides no explanation for the delay, constitutes a violation of the right to be tried within a reasonable time as guaranteed by Article 7(1)(d) of the African Charter.
Reparations — Moral Prejudice — Presumption
Moral prejudice suffered by victims of human rights violations is presumed, and a regional human rights court may award compensation for moral prejudice in fairness where the violation has been established, taking into account the consequences of the violation on the victim's life and career.
Reparations — Indirect Victims — Family Members
Family members of a victim of human rights violations may be considered indirect victims entitled to compensation for moral prejudice where there is proof of marital status or filiation through marriage certificates or birth certificates.

Legislation cited (36)

  • African Charter on Human and Peoples' Rights Article 3(2)
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)(a)(b)(c)(d)
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 13(2)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 15
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 18(1)(2)(3)
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 28
  • African Charter on Human and Peoples' Rights Article 56
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 27(1)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • International Covenant on Civil and Political Rights Article 6(1)
  • International Covenant on Civil and Political Rights Article 7(1)(C)
  • International Covenant on Civil and Political Rights Article 8(3)
  • International Covenant on Civil and Political Rights Article 10(1)
  • International Covenant on Civil and Political Rights Article 14(3)
  • International Covenant on Civil and Political Rights Article 14(3)(g)
  • International Covenant on Civil and Political Rights Article 14(5)
  • International Covenant on Civil and Political Rights Article 17
  • International Covenant on Civil and Political Rights Article 26
  • International Covenant on Economic, Social and Cultural Rights Article 6(1)
  • International Covenant on Economic, Social and Cultural Rights Article 7(1)(C)
  • International Covenant on Economic, Social and Cultural Rights Article 10(1)
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Article 11
  • Ivorian Criminal Procedure Code Article 115(4)
  • Ivorian Criminal Procedure Code Article 373
  • Ivorian Criminal Procedure Code Article 578
  • Ivorian Ordinance No. 2012-303 of 4 April 2012
  • Ivorian Law No. 2018-975 of 27 December 2018

Cases cited (14)

  • Suy Bi Gohore Émile and Others v. Republic of Côte d'Ivoire (Application No. 044/2019)
  • Ingabire Victoire Umuhoza v. Republic of Rwanda (Jurisdiction)
  • Beneficiaries of the late Norbert Zongo and Others v. Burkina Faso (Merits)
  • Alex Thomas v. United Republic of Tanzania (Merits)
  • Lohé Issa Konaté v. Burkina Faso (Merits)
  • Mariam Kouma and Ousmane Diabaté v. Republic of Mali (Admissibility)
  • Sébastien Germain Ajavon v. Benin (Merits)
  • Komi Koutché v. Republic of Benin (Application No. 020/2019)
  • Norbert Zongo and Others v. Burkina Faso (Preliminary objections)
  • Mohamed Abubakari v. United Republic of Tanzania (Application No. 007/2013)
  • Wilfred Onyango Nganyi and 9 others v. United Republic of Tanzania (Application No. 006/2013)
  • Reverend Christopher R. Mtikila v. Tanzania (Reparations)
  • Lucien Ikili Rashidi v. Tanzania (Merits and Reparations)
  • Ingabire Victoire Umuhoza v. Republic of Rwanda (Reparations)

Full judgment

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Fory v Republic of Cote D'Ivoire (Application No. 034-2017) [2021] AfCHPR 8 (2 December 2021)
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.