third party who was not mentioned in the main Application, as principal party, can only intervene in the
procedure, through a voluntary application to intervene. "To this end, the intervener shall mention the
grounds that justify such an intervention".These are grounds beyond a mere main Application.
72. Consequently, the request from Counsel to Plaintiffs, which tends to introduce a new Applicant, is
rejected.
As to the merit of the case
73. The Court considers as proven, the following facts between the parties:
- On 11th August, 2007, the Head of State of Côte d'Ivoire instructed the State Prosecutor in the Tribunal of
First Instance of Abidjan, to investigate the financial management of the Institutions of the Coffee and
Cocoa sub-sector of the economy, in order to shed light on the cash flow of each of these institutions.
- The State Prosecutor held a press conference on 12 June 2009 during which he made public the findings
of the enquiry, while stating that twenty-three (23) persons, are being investigated for "embezzlement,
abuse of office, fraud, use of fake bank and business documents.
Equally, the Doyen of the Trial Judges Ordered, in June 2008, the arrest of some of the Applicants, namely
Mr. AMOUZOU Henri, Mrs. Obodji Houssou Amelan Roselyne and Mrs. Aka Elloh Evelyne.
- On 18th July, 2008, the Doyen of the Trial Judges appointed, by order, a Team of Experts, to carry out a
Financial Audit in all the Institutions of where the Applicants are working.
- On 14th August, 2008, the Council of Ministers authorised the Doyen of the Trial Judges to interrogate five
Members of the Government, still in relation to the same case.
- Some media organisations, namely the State owned Television Station and the daily News paper
Fraternite Matin gave information relating to the results of the investigation and alluded to presumed guilty
and that sanctions shall be taken against the indicted persons.
- Plaintiffs were thus arrested and detained. They applied for bail, which was turned down; they appealed
following their detention and the Court of Appeal adjudicated on the appeal as unfounded.
- The Applicant OBODJI was pregnant while she was in detention. Mrs. OBODJI was still in custody when
she was taken to a clinic, and she was delivered of a child.
- The baby does not live with the mother in detention; to this effect, the baby is being fed with artificial milk.
74. The Applicants claim that the State of Côte d'Ivoire violated their fundamental rights stated as follows:
- Violation of the principle of the presumption of innocence;
- Infringement on honour and reputation;
- Violation of the rules of preventive detention;
- Infringement on the right to fair hearing.
The Applicant OBODJI alleges that the State of Côte d'Ivoire infringed on the right of pregnant women and
nursing mothers.
75. There is, therefore, the need to analyse each of these alleged rights, so as to determine whether there
was a violation of each of them.
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