2.
The Application is filed against the Republic of Côte d’Ivoire (hereinafter
referred to as “the Respondent State”), which became a party to the African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”) on 31 March 1992, and to the Protocol to the Charter on the
Establishment of an African Court on Human and Peoples’ Rights
(hereinafter referred to as “the Protocol”) on 25 January 2004. On 23 July
2013, the Respondent State deposited the declaration provided for in Article
34(6) of the Protocol (hereinafter referred to as “the Declaration”), by virtue
of which it accepted the Court’s jurisdiction to receive applications from
individuals and Non-Governmental Organisations having observer status
before the African Commission on Human and Peoples’ Rights. On 29 April
2020, the Respondent State deposited, with the Chairperson of the African
Union Commission, the instrument of withdrawal of the said Declaration.
The Court has ruled that this withdrawal has no effect on pending cases, or
on new cases filed before the entry into force of the withdrawal one (1) year
after its deposit, in this case, on 30 April 2021.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the Matter
3.
It emerges from the Application that on 15 February 2013, the Applicant and
two other persons who are not parties to the present proceedings, were
charged with criminal conspiracy, gang armed robbery and indecent assault
with violence, and placed under a committal order. On 1 March 2023, the
Applicant was found guilty of these charges and sentenced to 15 years’
imprisonment by the Yopougon Court of First Instance by judgment
No.0559/2013. Following his appeal, the Abidjan Court of Appeal issued a
confirmatory judgment No. 61 of 8 February 2017 (hereinafter referred to as
1
Kouadio Kobena Fory v. Republic of Côte d’Ivoire, (merits and et reparations) AfCHPR (2 December
2021) 5 AfCLR 682, § 2; Suy Bi Gohoré Émile and others v. Republic of Côte d’Ivoire (merits and
reparations) (15 July 2020) 4 AfCLR 406, § 67; Ingabire Victoire Umuhoza v. Republic of Rwanda,
(jurisdiction) (3 June 2016), 1 AfCLR 540 § 69.
2