Judgment of the Court 1. The Plaintiffs: Mr. AMOUZOU Henry, Economist, Chairman, Council of the Fund for the Development and Promotion of the Activities of Coffee and Cocoa Producers (FDPCC) resident of Abidjan, Deux Plateaux. Mrs. KILI Angeline, Staff of the Central Bank of Francophone West African States known as BCEAO, in secondment to the CNDD, Chairman of the Board of Directors of the Fund for the Regulation and Control of the Coffee/Cocoa sub-sector (FRC), resident of Abidjan, Plateau. Mrs. Roselyne OBODJI née HOUSSOU AMELAN, Director of Administration and Finance of the Fund for the Development and Promotion of the Activities of Coffee and Cocoa Producers (FDPCC) resident of Abidjan, Cocody Riviera Palmeraie. Mrs. ELLOH AKA Evelyne, Jurist, Director General, of COCO SERVICES Company, resident of Abidjan, Riviera Palmeraie. Mrs. DAGO Sophie Laure Adele, Finance Officer, former Director of Finance of the Coffee and Cocoa Board, resident of Abidjan Cocody. Mrs. LOUKOU COFFI AGBALESSI Dominique, Finance Director of the Agency for the Regulation of Coffee and Cocoa (ARCC), resident of Abidjan Cocody. Who for the purpose of this case, elected domicile in the Law Firm of Lawyer AKA Narcisse, Lawyer registered with the Bar in Côte d'Ivoire, 7 Boulevard Latrille Cocody - 09 BP 2556 Abidjan 09. 2. The Defendant is the Republic of Côte d'lvoire, a Member State of the Economic Community of West African States, ECOWAS. The Defendant is represented by Georgette ESSIS MAMENET (Esq.), of the Law Firm "ESSIS - KOUASSI - ESSI" situated in Abidjan Cocody, II Plateaux Rue des Jardins, Sainte Cecil; 16 BP 610 Abidjan 16. 3. By an Application brought before the Court on 15 January 2009, the Plaintiffs have a grievance against the Defending State, which they accused of violating their fundamental human rights. They urged the Court to recognise the said violation and to condemn the State of Côte d'Ivoire, as to the cost, for the reparation of the prejudice that they suffered. Summary of Facts I. The facts as evoked by the Plaintiffs 4. Plaintiffs aver that On 11th August 2007, the Head of State of Côte d'Ivoire instructed the State Prosecutor and the Tribunal of First Instance of Abidjan, situated at Plateau, to investigate the activities of the Institutions of the Coffee and Cocoa sub-sector of the economy, and the cash flow of each of these Institutions since the liberalisation policy approved for that sector. 5. The State Prosecutor, having summed-up the facts for prosecution, the Doyen of the Trial Judges initiated a Judicial Enquiry which led, in June 2008, to the indictment, as well as to the preventive detention of the high ranking officials of the said Institutions of the Coffee / Cocoa sub-sector. 6. Following this indictment, the State Prosecutor held a press conference, during which he made public the preliminary findings of the enquiry, while stating that twenty-three (23) persons, who are specifically named are being investigated for "embezzlement, abuse of office, fraud, use of fake bank and business documents." 7. Still from the preliminary findings, "apart from over invoicing, investigators observed the non-functioning of some acquired companies or the non-remittance of dividends and the lack of proper sharing of resources and profits to farmers..." 2

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