246/02 : Mouvement ivoirien des droits humains (MIDH) / Cote
d'Ivoire
Summary of Facts
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1. On 8 February 2002, the Secretariat of the African Commission on Human and Peoples’ Rights
(the African Commission) received from Mr Ibrahim Doumbia, First Vice-President of the Movement
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Ivoirien des Droits Humains (MIDH) , a communication submitted pursuant to Article 55 of the African
Charter on Human and Peoples’ [Rights] (the African Charter).
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2. The communication was filed against the Republic of Cote d’lvoire (State party the African
Charter, hereunder referred to as Cote d’lvoire) in which MIDH alleges that the Constitution of Cote
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d’lvoire, adopted by a minority of citizens during the Constitutional Referendum of 23 July 2000,
contained provisions which are discriminatory to some citizens of Cole d’lvoire, prohibiting them from
performing political functions.
3. The communication alleges furthermore that the provisions granting immunities to some persons,
particularly the members of the National Committee for Public Security (CNSP) the military executive
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organ which ruled the country during the military transition period (from 24 December 1999 to
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24 October 2000), as well as the authors of the coup d’etat of 24 December 1999, were
discriminatory.
Complaint
4. The complaint alleges that the events cited above constitute a violation of Articles 2, 3 and 13 of
the African Charter and requests the African Commission to recommend to Cote d’Ivoire to
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review Articles 35 , 65 and 132 of the Constitution adopted on 23 July 2000.
Procedure
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5. During the 31st Ordinary Sessions held in Pretoria, South Africa, from 2 to 16 May 2002, the
African Commission considered this communication and decided to be seized of the said Commission.
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6. Through Note Verbale ACHPR/COMM 246/2000 dated 11 June 2002, the Secretariat of the
Commission informed the Respondent State (Cote d’lvoire) of this decision and requested it to provide
within two months its arguments on the admissibility of the communication.
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7. Through its letter ACHPR/OBS/266 of the 11 June 2002, the Secretariat of the African
Commission informed the Complainant (MIDH) of this decision and requested it to provide within two
months its arguments on the admissibility of the case.
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8. Through the Note Verbale No. 563/MEMREIE/AF/AJC/BAB/VG of 16 October 2002, the Minister
of the State, Ministry of Foreign Relations and Ivorian living abroad requested the African Commission
for extra time to present its arguments and observations on the communication.
9. This request from the Respondent State which the African Commission received during the
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32 Ordinary Session held from 17 to 23 October in Banjul, The Gambia, prompted the Commission
to defer its decision on the admissibility of the communication to the 33rcl Ordinary Session.
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10. In Note Verbale ACHPR/COMM 246/2002 of 28 October 2002, the Secretariat at the
Commission informed the Respondent State that an extra period of three (3} months was granted and
that its arguments and observations on the communication were expected by end January 2003.
11. The same information was communicated to the Complainant by letter ACHPR/COMM 246/102
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of 28 October 2002.
12. Having received no reply from the Respondent State by end January 2003, the Secretariat of the
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Commission sent a reminder by Note Verbale ACHPR/246/02 of 10 February 2003, drawing the
attention of Cote d’lvoire to the fact that arguments and observations on the communication were