Charter”) on 31 March 1992, and to the Protocol to the African Charter on
the Establishment of an African Court on Human and Peoples’ Rights
(hereinafter referred to as “the Protocol”) on 25 January 2004. On 23 July
2013, the Respondent State deposited the Declaration provided for in 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 applications from
individuals and Non-Governmental Organisations. On 29 April 2020, the
Respondent State deposited with the African Union Commission an
instrument of withdrawal of the said Declaration. The Court has held that
this withdrawal has no bearing on pending cases or new cases filed before
the withdrawal comes into effect one year (1) after its deposition, in this
case, on 30 April 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
It emerges from the Application that the Applicant was arrested and
detained on 17 October 2014 and subsequently charged with gang robbery
with violence by the use of a firearm. On 31 October 2014, he was convicted
and sentenced to 20 years' imprisonment with hard labour by the Court of
First Instance of Abidjan. The Applicant appealed to the Court of Appeal in
Abidjan which, by judgment No. 511 of 22 June 2016, upheld the judgment
of the trial court. The Applicant avers that he admitted the charges against
him at all stages of the proceedings.
4.
The Applicant further avers that “for reasons beyond his control”, he did not
file a cassation appeal against the judgment of the Court of Appeal in
Abidjan. However, he contends that he was unaware of the existence of this
1
Kouadio Kobena Fory v. Republic of Côte d'Ivoire, ACtHPR, Application No. 034/2017 (2 December
2021) (merits and reparations) 5 AfCLR 682, § 2; Suy Bi Gohoré Émile and Others v. Republic of Côte
d'Ivoire (merits and reparations) (15 July 2020) 4 AfCLR 397, § 67; Ingabire Victoire Umuhoza v.
Republic of Rwanda (jurisdiction) (3 June 2016) 1 AfCLR 540, § 69.
2