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Honorable Juge Yaya BOIRO – Président Honorable Juge Maria do Céu SILVA MONTEIRO – Membre Honorable Juge Micah Wilkins WRIGHT – Membre Assistés de Me Aboubacar Djibo DIAKITÉ – Greffier Page 20 / 20

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LES PARTIES ET LEURS REPRESENTANTS 2
PROCÉDURE 2
LES CIRCONSTANCES DE L’AFFAIRE 3
Les Faits invoqués par le requérant 3
Les faits invoqués par l'intervenant volontaire 7
Les faits invoqués par le défendeur 7
Les questions de droits soulevées par les parties10
ANALYSE DE LA COUR 11
Sur la demande de procédure accélérée11
THEMA DECIDENDUN12
Sur la requête aux fins d’intervention volontaire suscité par la Société SITEX-CI SARL.12
Sur la demande de condamnation de la République de Côte d'Ivoire formulée par le Sieur Farouk CHOUKIER. 14
Sur la demande de condamnation aux dépens. 18
Par ces motifs 19
En la forme 19
Au fond 19

ECW/CCJ/JUD/27/15 Farouk Choukeir & Anor v Cote d'Ivoire

ECOWAS Court

Preview

ECCJ App no.: ECW/CCJ/APP/03/13

ECCJ Jud No.: ECW/CCJ/JUD/27/15

Type of Document

Judgement

Keywords

Administration of Justice
Equality Before the Law
Right to Fair Trial
Right to Property

Country

Côte d'Ivoire

Outcome: Case Dismissed

Year Decided: Dec 1, 2015

Rights Alleged to be Violated (ECOWAS Treaty)

ECOWAS 4: Fundamental Principles

Rights Not Violated (ECOWAS Treaty)

ECOWAS 4: Fundamental Principles

African Charter Rights Alleged to be Violated

ACHPR 7: Right to Fair Trial
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 3:2: Every individual shall be entitled to equal protection of the law.

African Charter Rights Not Violated

ACHPR 7: Right to Fair Trial
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 3:2: Every individual shall be entitled to equal protection of the law.

Duration of Procedure: Mar 15, 2015 ~ Dec 1, 2015

Country Geolocation

Latitude: 7.539988999999999

Longitude: -5.547079999999999

Country Geolocation (linked ECOWAS Court): Côte d'Ivoire

Primary Documents

ECW_CCJ_JUD_27_15 Farouk Choukeir & anor c. Republic of Cote d'Ivoire.pdf
French
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Revised Treaty of Economic Community of West African States (1993)

Article 4 Fundamental Principles The High Contracting Parties, in pursuit of the objectives stated in Article 3 of this Treaty, solemnly affirm and declare their adherence to the following principles: Page 7 equality and inter-dependence of Member States; (p) solidarity and collective self-reliance; (q) inter-State cooperation, harmonization of policies and integration of programmes; (r) non-aggression between Member States; (s) maintenance of regional peace, stability and security through the promotion and strengthening of good neighbourliness; (t) peaceful settlement of disputes among Member States, active cooperation between neighbouring countries and promotion of a peaceful environment as a prerequisite for economic development; (u) recognition promotion and protection of human and peoples' rights in accordance with the provisions of the African Charter on Human and Peoples' Rights; (v) accountability, economic and social justice and popular participation in development; (w) recognition and observance of the rules and principles of the Community; (x) promotion and consolidation of a democratic system of governance in each Member State as envisaged by the Declaration of Political Principles adopted in Abuja on 6 July 1991; and (y) equitable and just distribution of the costs and benefits of economic cooperation and integration

Treaty

Universal Declaration of Human Rights (UDHR)

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

UN Document

Universal Declaration of Human Rights (UDHR)

Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

UN Document

International Covenant on Civil and Political Rights ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. 3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him; (b) To have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing; (c) To be tried without undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (g) Not to be compelled to testify against himself or to confess guilt. 4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by a higher tribunal according to law. 6. When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person whohas suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him. 7. No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each countr

UN Document

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

Article 21: Application for InterventionShould a Member State consider that it has an interest that may be affected by the subject matter of a dispute before the Court, it may submit by way of a written application a request to be permitted to intervene.

Treaty

ECOWAS Court Rules of Procedure

(b) the description of the parties; (c) the name and address of the intervener; (d) the intervener's address for service at the place where the Court has its seat; (e) the form of order sought, by one or more of the parties, in support of which the intervener is applying for leave to intervene; (f) a statement of the circumstances establishing the right to intervene, where the Application is submitted pursuant to Article 21 of the protocol. The intervener shall be represented in accordance with Article 12 of the protocol. Articles 32 and 33 of these rules shall apply. 2. The application shall be served on the parties. The President shall give the parties an opportunity to submit their written or oral observations before deciding on the application. The President shall refer the application to the Court. 3. If the court allows the intervention, the intervener shall receive a copy of every document served on the parties. The court may, however, on application by one of the parties, omit secret or confidential documents.4. The intervener must accept the case as he finds it at the time of his intervention. 5. The President shall prescribe a period within which the intervener may submit a statement in intervention. The statement in intervention shall contain: (a) a statement of the form of order sought by the intervener in support of or opposing, in whole or in part, the form of order sought by one of the parties; (b) the pleas in law and arguments relied on by the intervener; (c) Where appropriate, the nature of any evidence offered. 6. After the statement in intervention has been lodged, the President shall, where Necessary, prescribe a time limit within which the parties may reply to that statement. 7. Consideration may be given to an application to intervene, which is made after the expiry of the period prescribed in paragraph 1 but before the decision to open the oral procedure provided for in Article 40(1). In that event, if the President allows the intervention, the intervener may, on the basis of the Report for the Hearing communicated to him, submit his observations during the oral procedure, if that procedure takes place.

Rules of Procedure

Universal Declaration of Human Rights (UDHR)

UN Document

International Covenant on Civil and Political Rights ICCPR

UN Document

ECOWAS Court Rules of Procedure

Article 661. A decision as to costs shall be given in the final judgment or in the order, which closes the proceedings. 2. The unsuccessful party shall be ordered to pay the costs if they have been applied for in the successful party's pleadings. 3. Where there are several unsuccessful parties the Court shall decide how the costs are to be shared. 4. Where each party succeeds on some and fails on other heads, or where the Circumstances are exceptional; the Court may order that the costs be shared or that the parties bear their own costs. 5. The Court may order a party, even if successful, to pay costs which the Court considers that party to have unreasonably or vexatious caused the opposite party to incur. 6. The Member States and institutions which intervene in the proceedings shall bear their own costs. 7. The Court may order an intervener other than those mentioned in the preceding subparagraphs to bear his own costs. 8. A party who discontinues or withdraws from proceedings shall be ordered to pay the costs if they have been applied for in the other party's observations on the discontinuance. 9. However, upon application by the party who discontinues or withdraws from proceedings, the costs shall be borne by the other party if this appears justified by the conduct of that party. 10. Where the parties have come to an agreement on costs, the decision as to costs shall be in accordance with that agreement. 11. If costs are not claimed, the parties shall bear their own costs. 12. Where a case does not proceed to judgment the costs shall be in the discretion of the Court.

Rules of Procedure

ECOWAS Court Rules of Procedure

Rules of Procedure

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- UN Document5
- Rules of Procedure3
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