289/04 Communication 289/2004 - Mr Brahima Koné
and Mr Tiéoulé Diarra vs Côte d'Ivoire
Summary of the Facts
1. 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.
2. The Complainants allege that following the decision of the Ivorian Supreme Court rejecting the
candidature of Alassane Ouattara for the presidential election, there were demonstrations in protest against
the said decision.
3. Following these demonstrations, agents of the ruling government in Abidjan started, from September
2002, to carry out arbitrary arrests, summary executions and massive and forced expulsions, mainly
targeting Senegalese, Nigeriens, Guineans, Malians and Burkinabes, irrespective of whether they were
naturalised Ivorians or not.
4. The Complainants further allege that the property of these victims, suspected to be members of
Alassane Ouattara's Rally of the Republicans (RDR) party, were seized throughout Côte d'Ivoire.
Complaint
5. The Complainants allege that the facts stated above are a violation of Articles 2, 3, 4, 5, 8, 10, 11, 12,
14, 15, 18, 20, 21 and 23 of the African Charter on Human and Peoples' Rights by Côte d'Ivoire.
Procedure
6. The complaint was received at the Secretariat of the Commission on 12 May 2004, and the latter
acknowledged receipt on 23 June 2004.
7. At its 36th Ordinary Session held in Dakar, Senegal, from 23 November to 7 December 2004, the
Commission considered Communication 289/04, Mr Brahima Koné and Mr Tiéoulé Diarra vs Côte d'Ivoire
and decided to be seized of it.
8. By a letter and a note verbale dated 20 December 2004, the Secretariat of the Commission informed the
parties of the decision of the Commission and requested them to submit their written observations on the
admissibility of the communication.
9. At its 37th and 38th Ordinary Sessions, the Commission considered the complaint and, due to the lack of
submissions from the parties, decided to defer its consideration on the admissibility of the said
communication.
10. By letters dated 15 March 2005, 2 June 2005 and 12 September 2005, the Secretariat of the
Commission reminded the parties to submit their conclusions to enable the Commission to decide on the
admissibility of the case.
11. On 7 November 2005, the Secretariat of the Commission finally received the conclusions of the
Respondent State on the admissibility of the case.
12. On 15 December 2005, 4 April 2006, 19 July 2006, 29 September 2006, 8 December 2006 and 2 May
2007, the Secretariat of the Commission informed the parties that the Commission could not consider the
communication at its various sessions due to the lack of the Complainants' observations on the
admissibility of the case. The Secretariat also reminded the Complainants in each letter to submit their
conclusions to enable the Commission to decide on admissibility.
13. On 23 May 2007, the Secretariat received from the Respondent State a letter requesting the
Commission to stay its consideration of the communication, given that the internal Ivorian mechanisms
wanted to work with the Complainants to explore the possibility of an amicable settlement.
14. On 25 September 2007, the Secretariat of the Commission forwarded a copy of the letter on the
amicable settlement initiated by the Respondent State to the Complainants for their consideration.
15. On 20 June 2007, 19 December 2007 and 19 March 2008, the Secretariat sent letters to the parties
informing them that the Commission has considered Communication 289/2004 - Mr Brahima Koné and Mr
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