28. In the present case, the Court notes that the Applicant acknowledges that
he did not file a cassation appeal against the judgment of the Abidjan Court
of Appeal because he was not represented by Counsel and was unaware
of the existence of the remedy which, in any event, is ineffective.
29. The Court notes that it has consistently held that in the judicial system of
the Respondent State, the cassation appeal is an available, effective and
satisfactory remedy.7
30. In addition, and in accordance with its established jurisprudence, the Court
emphasises, on the one hand, that the fact of not being assisted by Counsel
and being ignorant of the existence of a remedy cannot be grounds for not
pursuing that remedy.8 On the other hand, the Court considers that an
applicant cannot merely allege that a remedy is ineffective but must at least
attempt to pursue it.9
31. Based on the foregoing, the Court considers that the Applicant did not
exhaust local remedies and that the Application, therefore, does not satisfy
this admissibility requirement.
32. Accordingly, the Court upholds the Respondent State’s objection and holds
that the Applicant did not exhaust local remedies.
B. Other admissibility requirements
33. The Court notes that the admissibility requirements are cumulative such that
if one of them is not met, an Application is inadmissible.10 Having found that
7
Oulaï Marius v. Republic of Côte d’Ivoire, AfCHPR, Application No. 032/2019, Judgment of 4 December
2024 (jurisdiction and admissibility) § 34; Goh Taudier and Others v. Republic of Côte d’Ivoire, AfCHPR,
Applications (consolidated applications) Nos. 017/2019, 018/2019 and 019/2019, Judgment of 4 June
2024 (jurisdiction and admissibility), § 38.
8 Taudier and others v. Côte d’Ivoire, ibid, §§ 34-35.
9 Moussa Doumbia v. Côte d’Ivoire, AfCHPR, Application 029/2019, Judgment of 13 September 2024,
§ 30.
10 Aminata Soumaré v. Republic of Mali, AfCHPR, Application No. 038/2019, Judgment of 5 September
2023 (jurisdiction and admissibility), § 47 ; Yacouba Traoré v. Republic of Mali, AfCHPR, Application
No. 002/2019, Judgment of 22 September 2022 (jurisdiction and admissibility), § 49 ; Mariam Kouma
and Ousmane Diabaté v. Republic of Mali (jurisdiction and admissibility) (21 March 2018) 2 AfCLR 237,
9