Respondent State ratified the Protocol on 25 January 2004, the temporal
jurisdiction of the Court is established only with respect to alleged violations
committed after that date, except if the said violations are continuing.6 In
this regard, the Court has consistently held that even if the alleged violations
began before the Respondent State became a party to the Charter and the
Protocol, its temporal jurisdiction will be established for the violations that
continued after the Respondent State became a party to both instruments.7
30.
In the instant case, the Court notes that the Respondent State became a
party to the Charter on 31 March 1992. On that basis, the Court observes
that when the plot of land in question was expropriated in 1980, the
Respondent State did not bear any obligation under the Charter.
31. The Court further notes that the expropriation of the Applicants’ land, which
occurred in 1980, is, by its nature, an instantaneous act that did not continue
after the date of entry into force of the Protocol with respect to the
Respondent State, which was on 25 January 2004. The Court also observes
that the decision to expropriate which was made in 1980 definitively
transferred the ownership of the land to the Respondent State, without any
basis to consider the continuity of the act.
32. Consequently, the Court considers that it does not have temporal
jurisdiction to consider the Applicants’ claims in relation to the right of
ownership over the expropriated parcel of land, insofar as expropriation is
an instantaneous act.
33. With regard to the allegations concerning the Applicants’ rights of ownership
over the land that was not expropriated but sold to third parties by the
Respondent State in 2002, the Court notes that as of that date, although the
Respondent State was not yet a party to the Protocol, the dispute went
through judicial proceedings involving the two parties before the Tribunal of
First Instance of Abidjan, which rendered its decision on 16 February 2016.
6
7
Kobena Fory v. Côte d'Ivoire, ibid, § 32; Zongo and Others v. Burkina Faso (merits), supra, § 73.
Kambole v. Tanzania, ibid, § 24; Kobena Fory v. Côte d'Ivoire, ibid, § 33.
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