I.
THE PARTIES
1.
Mr. Oulai Marius (hereinafter referred to as “the Applicant”) is a national of
Côte d’Ivoire serving a sentence of twenty (20) years’ imprisonment and
additional penalties, for criminal conspiracy and group robbery with apparent
use of weapons. At the time filing the Application, he was being held at the
Abidjan Arrest and Correctional Centre (MACA). He alleges the violation of his
rights during proceedings before domestic courts.
2.
The Application is filed against the Republic of Côte d’Ivoire (hereinafter
referred to as “the Respondent State”), which became a party to the African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”) on 31 March 1992 and the Protocol to the African Charter on Human
and Peoples’ Rights on the Establishment an African Court on Human and
Peoples’ Rights (hereinafter referred to as “the Protocol”) on 25 January 2004.
Furthermore, the Respondent State, on 23 July 2013, deposited the
Declaration provided for under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), by virtue of which it accepted the jurisdiction
of the Court to receive cases from individuals and Non-Governmental
Organizations having observer status with the Commission. On 29 April 2020,
the Respondent State deposited with the Chairperson of the African Union
Commission the instrument of withdrawal of its Declaration. The Court has
ruled that the withdrawal of the Declaration has no bearing on pending cases
or on new cases brought before it before the withdrawal took effect one (1)
year after the filing of the said instrument, in the present case, on 30 April
2021.1
1
Suy Bi Gohoré and Others v. Republic of Côte d’Ivoire (merits and reparations) (15 July 2020) 4 AfCLR
406, § 2.
2