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Soro and Others v Republic of Cote D'Ivoire

African Court on Human and Peoples' Rights · [2020] AfCHPR 32 · 2020 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Request for provisional measures ancillary to main application alleging human rights violations
Decision
Provisional measures granted ordering the Respondent State to stay all acts taken against the Applicant subsequent to the earlier ruling and remove obstacles to his electoral rights pending final determination on the merits

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 provisional measures requiring Cote D'Ivoire to stay all acts taken against the applicant subsequent to an earlier provisional measures ruling, remove all obstacles preventing him from exercising his rights to vote and be elected in the October 2020 presidential election, and report on implementation within fifteen days. The Court found it had prima facie jurisdiction despite the State's withdrawal of its declaration, as withdrawal takes effect only after one year. The Court determined that the State's non-compliance with the earlier provisional measures order and subsequent conviction of the applicant created conditions of extreme gravity and urgency warranting immediate relief.

Outcome

Provisional measures granted ordering the Respondent State to stay all acts taken against the Applicant subsequent to the earlier ruling and remove obstacles to his electoral rights pending final determination on the merits

Facts

Guillaume Kigbafori Soro, an Ivorian politician who served as Prime Minister and Speaker of the National Assembly, was subject to an arrest warrant issued on 20 December 2019 for misappropriation of public funds and conspiracy against the State. On 22 April 2020, the African Court ordered provisional measures staying execution of the arrest warrant. Despite this order, on 28 April 2020, Soro was tried in absentia by the Abidjan Court of First Instance and convicted of money laundering, concealment, and misappropriation of public funds. He was sentenced to twenty years imprisonment, a fine of 4.5 billion CFA francs, and five years deprivation of civil and political rights. A new arrest warrant was issued. The conviction resulted in his removal from the electoral register and rendered him ineligible to stand as a candidate in the October 2020 presidential election. On 29 April 2020, Cote D'Ivoire withdrew its declaration accepting the Court's jurisdiction over individual applications, with effect from 30 April 2021.

Issues

  1. Whether the Court has prima facie jurisdiction to order provisional measures following the Respondent State's withdrawal of its declaration accepting individual applications.
  2. Whether the conditions for granting provisional measures (extreme gravity, urgency, and risk of irreparable harm) are satisfied.
  3. Whether the Respondent State's failure to comply with the Court's earlier provisional measures order and subsequent acts preventing the Applicant from exercising his electoral rights warrant further provisional measures.

Orders

  • Stay all acts taken against Applicant Guillaume Kigbafori Soro subsequent to the Ruling of 22 April 2020, until the Court's decision on the merits of the case.
  • Take all necessary measures to immediately remove all obstacles preventing the Applicant Guillaume Kigbafori Soro from enjoying his rights to vote and be elected, in particular during the October 2020 presidential election.
  • Report to the Court within fifteen (15) days from the date of receipt of this decision, on the implementation of the provisional measures ordered.

Rules and key headnotes

International Human Rights Courts — Jurisdiction — Effect of State Withdrawal of Declaration
A State's withdrawal of its declaration accepting an international human rights court's jurisdiction over individual applications has no retroactive effect, does not affect cases pending before the court at the time of withdrawal, and takes effect only after the notice period specified in the court's governing instruments.
Provisional Measures — Prima Facie Jurisdiction
When considering a request for provisional measures, an international human rights court need not establish that it has jurisdiction over the merits of the case, but only that it has prima facie jurisdiction.
Provisional Measures — Criteria for Grant
Provisional measures are ordered only where there are conditions of extreme gravity, urgency, and prevention of irreparable damage. Extreme gravity presupposes a real and imminent risk that irreparable damage will be caused before the court renders its final decision. Urgency exists whenever acts likely to cause irreparable harm may occur at any time before the court makes a final decision.
Electoral Rights — Provisional Measures to Protect Candidacy
Where a State's acts subsequent to a provisional measures order, including criminal conviction and removal from the electoral register, prevent an applicant from exercising rights to vote and be elected in an imminent election, and those acts constitute non-compliance with the earlier provisional measures order, a court may order further provisional measures to stay those acts and remove obstacles to the applicant's electoral participation.
Provisional Measures — Non-Compliance with Earlier Order
Where a State fails to comply with a provisional measures order and takes subsequent acts in violation of that order, those subsequent acts may themselves constitute a new situation warranting additional provisional measures, particularly where the new acts are the consequence of the earlier non-compliance and create fresh risks of irreparable harm.

Cases cited (6)

  • Komi Koutche v Republic of Benin (Request No. 020/2019)
  • Amini Juma v United Republic of Tanzania (2016) 1 RJCA 687
  • African Commission on Human and Peoples' Rights v Libya (2013) 1 RJCA 149
  • Suy Bi Gohore Emile and Others v Republic of Cote D'Ivoire (Application No. 044/2019)
  • XYX v Republic of Benin (Application No. 057/2019)
  • Guillaume Kigbafori Soro v Republic of Cote D'Ivoire (Application No. 012/2020)

Full judgment

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

Soro and Others v Republic of Cote D'Ivoire [2020] AfCHPR 32 (15 September 2020)
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.