Wakilii

Moussa v Republic of Cote d’Ivoire (Application No. 029-2019)

African Court on Human and Peoples' Rights · [2024] AfCHPR 29 · 2024 Application Dismissed 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 violation of fair trial rights in domestic criminal proceedings
Decision
Application declared inadmissible for failure to exhaust local remedies

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Holding

The African Court held that it had jurisdiction to hear the application but declared it inadmissible for failure to exhaust local remedies. The applicant did not appeal to the Cour de Cassation of Côte d'Ivoire, which the Court found to be an available, effective and satisfactory remedy. Lack of legal representation and ignorance of the remedy's existence do not dispense with the requirement to exhaust local remedies.

Outcome

Application declared inadmissible for failure to exhaust local remedies

Facts

The applicant, an Ivorian national, was arrested on 17 October 2014 and charged with gang robbery with violence by use of a firearm. On 31 October 2014, the Court of First Instance of Abidjan convicted him and sentenced him to 20 years' imprisonment with hard labour. He appealed to the Court of Appeal in Abidjan, which upheld the conviction on 22 June 2016. The applicant admitted the charges at all stages of the proceedings. He did not file a cassation appeal to the Cour de Cassation, stating he was unaware of the remedy, was not assisted by counsel, and believed such an appeal would not succeed. He then filed an application with the African Court alleging violations of his right to a fair trial.

Issues

  1. Whether the Court has jurisdiction to hear the application.
  2. Whether the applicant exhausted local remedies before bringing the application to the African Court.
  3. Whether the application meets the admissibility requirements under Article 56 of the African Charter and Rule 50 of the Rules of Court.

Orders

  • Declared that the Court has jurisdiction.
  • Upheld the Respondent State's objection based on non-exhaustion of local remedies.
  • Declared the application inadmissible.
  • Ordered each party to bear its own costs.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Local Remedies — Requirement to Exercise Available Remedies
An applicant must exhaust all available, effective and satisfactory judicial remedies before bringing an application to the African Court on Human and Peoples' Rights, and the only exception is where such remedies do not meet these requirements or are unduly prolonged.
Human Rights — Admissibility — Exhaustion of Local Remedies — Cassation Appeal as Available Remedy
In the judicial system of Côte d'Ivoire, the appeal procedure before the Cour de Cassation is an available, effective and satisfactory remedy that must be exhausted before bringing an application to the African Court.
Human Rights — Admissibility — Exhaustion of Local Remedies — Lack of Legal Representation
Lack of representation by counsel and ignorance of the existence of a remedy cannot be grounds for dispensing with the requirement to exhaust local remedies.
Human Rights — Admissibility — Exhaustion of Local Remedies — Allegation of Ineffectiveness
It is not sufficient to allege that a remedy is ineffective; an applicant must attempt to exercise the remedy before claiming it is ineffective.
Human Rights — Admissibility — Cumulative Requirements
The admissibility requirements under Article 56 of the African Charter are cumulative such that if one requirement is not met, the application is inadmissible, and the Court need not examine the remaining requirements.

Legislation cited (10)

  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 56
  • International Covenant on Civil and Political Rights Article 15(1)
  • International Covenant on Civil and Political Rights Article 10(1)
  • Protocol to the African Charter on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • Protocol to the African Charter on the Establishment of an African Court on Human and Peoples' Rights Article 3
  • Protocol to the African Charter on the Establishment of an African Court on Human and Peoples' Rights Article 6(2)

Cases cited (15)

  • Kouadio Kobena Fory v Republic of Cote d'Ivoire (Application No. 034/2017)
  • Suy Bi Gohoré Émile and Others v Republic of Cote d'Ivoire
  • Ingabire Victoire Umuhoza v Republic of Rwanda
  • Lohé Issa Konaté v Burkina Faso
  • Sébastien Germain Marie Ajavon v Republic of Benin
  • Kijiji Isiaga v United Republic of Tanzania
  • African Commission on Human and Peoples' Rights v Republic of Kenya
  • Sébastien Germain Marie Aïkoué Ajavon v Republic of Benin
  • Oulaï Marius v Republic of Cote d'Ivoire (Application No. 032/2019)
  • Goh Taudier and Others v Republic of Cote d'Ivoire (Applications Nos. 017/2019, 018/2019 and 019/2019)
  • Aminata Soumaré v Republic of Mali (Application No. 038/2019)
  • Yacouba Traoré v Republic of Mali (Application No. 002/2019)
  • Mariam Kouma and Ousmane Diabaté v Republic of Mali
  • Rutabingwa Chrysanthe v Republic of Rwanda
  • Kouassi Kouame and Baba Sylla v Republic of Cote d'Ivoire (Application No. 015/2021)

Full judgment

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

Moussa v Republic of Cote d’Ivoire (Application No. 029-2019) [2024] AfCHPR 29 (13 November 2024)
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.