Cassation Court seeking authorisation to institute proceedings against Soro
Guillaume Kigbafori, Kamarate Souleymane, Nguessan N. René. On 17
January 2020, the Cassation Court authorised the prosecution and
appointed a judge to conduct the necessary investigation. On 2 March 2020,
that is, one month and 13 days later, the Applicants seized this Court while
the investigation was still on-going.
43.
It follows that, at the time of filing the present Application, the criminal
proceedings against Mr Guillaume Kigbafori Soro, Mr Kamarate
Souleymane and Mr Nguessan N. René were ongoing. Consequently, the
above-mentioned Applicants seized this Court prematurely seeing as they
did not await the end of the domestic proceedings against them, and
therefore did not exhaust local remedies.
44.
With regard to the second set of proceedings, the Court notes that the
record shows that a judicial investigation was opened by the investigating
judge of the 8th Investigating Office of the Abidjan Court of First Instance.
On 24 December 2019, the said court charged the Applicants with the
offences listed in paragraph 41 of this judgment and remanded them in
custody, with the exception of Mr Guillaume Kigbafori Soro, in respect of
whom an arrest warrant was issued. The Court further notes that on 26
December 2019 and 7 February 2020 the Applicants’ lawyers appealed the
committal order before the Investigating Chamber of the Abidjan Court of
Appeal.
45.
In this regard, pursuant to Article 239(1) of the Ivorian Code of Criminal
Procedure, “the investigating chamber shall, in all cases, including cases of
pre-trial detention, examine the legality of the proceedings before it. If it finds
any grounds for annulment, it shall declare the act in question null and void
and, if appropriate, all or part of the subsequent proceedings”. The Court
therefore considers that the appeal by the Applicants’ lawyers is an effective
remedy insofar as the investigating chamber is empowered to terminate any
irregularity by vacating the proceedings initiated by the investigating judge.
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