D. Alleged violation of the right to equality before the law
99. Referencing Law No. 71-340 of 12 July 1971 and its implementing Decree
No. 71-341 of 12 July 1971 on expropriation and Decree No. 2013-224 of
22 March 2013, the Applicants contend that they were discriminated against
in relation to other citizens whose land was also expropriated by the
Respondent State. They cite, as an example, the case of the owners of the
land used for the construction of the Soubré dam as well as the owners of
the land used for the construction of the fourth bridge over Ebrié Lagoon in
Abidjan, who, the Applicants claim, were relocated to other parcels of land
and were paid compensation amounts prior to the commencement of
construction work.
100. The Applicants submit that, as far as they are concerned, the Respondent
State did not compensate or relocate them prior to occupation of their land.
The Applicants pray the Court to find that the Respondent State treated
them differently in relation to others in a similar situation, thereby violating
Article 3 of the Charter.
*
101. The Respondent State maintains that the Applicants’ situation does not fall
under expropriation procedure but rather relates to the execution of a court
decision. It further submits that the expropriation procedure provided by law
was applied to all those who were affected by State investments and were
compensated according to the procedures in force.
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102. The Court recalls that equal protection of the law and non-discrimination
presuppose that all are subject to the law and that the law applies to all
equally without discrimination. It also recalls that equal protection of the law
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