Wakilii

Kone and Anor v Cote d Ivoire (Communication 289 of 2004)

African Commission on Human and Peoples' Rights · [2012] ACHPR 9 · 2012 Communication Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication filed before the African Commission on Human and Peoples' Rights alleging human rights violations
Decision
Communication struck out for lack of diligent prosecution

Observed later treatment

No later-treatment classification is recorded for this judgment.

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AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Commission struck out the communication for lack of diligent prosecution after the complainants failed to respond to multiple requests for information on the progress of amicable settlement negotiations initiated by the respondent state, despite being given a final deadline and warning that non-response would result in the communication being struck out.

Outcome

Communication struck out for lack of diligent prosecution

Facts

The complainants filed a communication on 12 May 2004 alleging that following the Ivorian Supreme Court's rejection of Alassane Ouattara's candidature for presidential election, demonstrations occurred and government agents carried out arbitrary arrests, summary executions and forced expulsions targeting foreign nationals from September 2002. The respondent state proposed amicable settlement in May 2007. The complainants accepted this proposal in April 2008 subject to prior technical guarantees. Between July 2008 and August 2012, the Secretariat sent multiple letters requesting information on settlement progress. On 14 August 2012, the Secretariat warned that failure to respond within one month would result in the communication being struck out. The complainants did not respond to this or any subsequent requests.

Issues

  1. Whether the communication should be struck out for lack of diligent prosecution by the complainants.

Orders

  • Communication struck out for lack of diligent prosecution.

Rules and key headnotes

Administrative Law — Procedural Requirements — Diligent Prosecution — Failure to Respond to Tribunal Requests
A communication before the African Commission on Human and Peoples' Rights may be struck out for lack of diligent prosecution where the complainants fail to respond to multiple requests for information over an extended period, including a final warning with a specified deadline.
Administrative Law — Procedural Requirements — Extension of Time — Failure to Apply
Where a party fails to meet a deadline and does not apply for an extension of time as permitted by the Rules of Procedure, the tribunal may proceed to make a decision on the matter without further delay.

Legislation cited (14)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • 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 8
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 12
  • 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 18
  • African Charter on Human and Peoples' Rights Article 20
  • African Charter on Human and Peoples' Rights Article 21
  • African Charter on Human and Peoples' Rights Article 23

Full judgment

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

Kone and Anor v Cote d Ivoire (Communication 289 of 2004) [2012] ACHPR 9 (22 October 2012)
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.