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Communication 289/2004 - Mr Brahima Koné & Mr Tiéoulé Diarra v. Côte d'Ivoire

ACHPR Decision

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Summary of the Facts1
Complaint1
Procedure1
Analysis of the Commission2
Decision of the Commission2
Dissenting Opinions of Commissioner Catherine Dupe Atoki and Commissioner Pansy Tlakula2

Communication 289/2004 - Mr Brahima Koné & Mr Tiéoulé Diarra v. Côte d'Ivoire

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Citizenship/Nationality and Related Rights
Civil and Political Rights
Cruel and Degrading Treatment
Due Diligence
Elections / Referendums
Equality Before the Law
Expulsion from a State
Extra-Judicial Killings
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Freedom of Assembly
Freedom of Movement
Freedom of Opinion
Murder/Assassination
Participation in Government
Peace and Security
Protection of Family and Vulnerable Groups
Right to Life
Right to Property
Right to Work
Rights of Non-Nationals
State Internal Security
Torture and Ill Treatment
Transitional Justice

Case Head Notes: The Complaint was filed at the African Commission on Human and Peoples' Rights on 12 May 2004 by Mr Brahima Koné and Mr Amadou Tiéoulé Diarra, on behalf of the High Council of Malian Foreigners in the Republic of Côte d'Ivoire and the African Solidarity Movement for Democracy and Independence (SADI)against Côte d'Ivoire, a State Party to the African Charter which it ratified on 6 January 1992.

Country

Côte d'Ivoire

Outcome: Struck Out

Year Decided: Oct 22, 2012

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 12: Right to Freedom of Movement
ACHPR 14: Right to Property
ACHPR 15: Right to Work
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 23: Right to National and International Security and Peace
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 8: Right to Freedom of Conscience

Duration of Procedure

May 12, 2004 ~ Oct 22, 2004

Country Geolocation

Latitude: 7.539988999999999

Longitude: -5.547079999999999

Country Geolocation (linked ACHPR Decision): Côte d'Ivoire

Primary Documents

289_04 Communication 289_2004 – Mr Brahima Koné and Mr Tiéoulé Diarra vs Côte d'Ivoire.pdf
English
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174. 289_04 Communication 289_2004 – Mr Brahima Koné and Mr Tiéoulé Diarra vs Côte d'Ivoire - PT.pdf
Portuguese
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 11 Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular those enacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

Treaty

African Charter on Human and Peoples' Rights

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious group

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 20 1. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen. 2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

African Charter on Human and Peoples' Rights

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

African Charter on Human and Peoples' Rights

Article 231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Treaty

African Charter on Human and Peoples' Rights

Treaty

1995 Rules of Procedure of the African Commission on Human and Peoples' Rights

Rule 113 - Time Limits for Consideration of the Admissibility The Commission shall decide, as early as possible and pursuant to the following provisions, whether or not the communication shall be admissible under the Charter.

Rules of Procedure

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- Rules of Procedure1
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