Wakilii

Kalilou and Another v Côte d'Ivoire (Application No. 036-2019; Application No. 037-2019)

African Court on Human and Peoples' Rights · [2019] AfCHPR 33 · 2019 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Applications for joinder of two separate applications filed against the same respondent state alleging similar violations arising from the same criminal trial and conviction
Decision
Applications joined and consolidated for joint hearing and determination

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights ordered the joinder of two applications filed by different applicants against Côte d'Ivoire. Both applicants were convicted in the same criminal trial without legal representation and alleged similar violations of their rights to fair trial, equality, dignity, access to justice and effective remedy under the African Charter, ICCPR and UDHR. The Court found joinder appropriate given the identity of the respondent state, similarity of facts, alleged violations and reliefs sought.

Outcome

Applications joined and consolidated for joint hearing and determination

Facts

Konate Kalilou and Doumbia Ibrahim were tried together and convicted without legal representation by the Divo Court of First Instance for ganging up to commit armed robbery with violence. They were sentenced to twenty years imprisonment. On appeal, the Second Criminal Chamber of the Daloa Court of Appeal reduced the sentence to fifteen years by judgment No. 141 of 21 March 2013, confirming the conviction in judgment No. 342 of 14 June 2012. Both applicants subsequently filed separate applications before the African Court on Human and Peoples' Rights on 22 July 2019 against Côte d'Ivoire, represented by the same lawyer, alleging violations of their rights to fair trial, equality, dignity, access to justice and effective remedy under the African Charter, ICCPR and UDHR.

Issues

  1. Whether the two applications should be joined pursuant to Rule 54 of the Rules of Procedure of the Court

Orders

  • The joinder of cases and proceedings in the Application filed by the Applicants against the Respondent State.
  • That henceforth the Applications be referred to as Consolidated Applications 036/2019 and 037/2019 - Konate Kalilou and Doumbia Ibrahim v. Côte d'Ivoire.
  • That consequent upon the joinder, this Order and the pleadings relating to the above referred Matters shall be served on all the Parties.

Rules and key headnotes

Civil Procedure — Joinder of Cases — Criteria for Joinder
A court may order the joinder of cases where the applications are filed against the same respondent, the facts supporting the applications are similar, the alleged violations are similar, and the reliefs sought are similar in nature, and where joinder is appropriate in fact and in law for the good administration of justice.

Full judgment

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

Kalilou and Another v Côte d'Ivoire (Application No. 036-2019; Application No. 037-2019) [2019] AfCHPR 33 (13 September 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.