Judicial Set-Up of Niger, without making any declaration on the question concerning Hadijatou Mani
Koraou's status as a slave. The matter was adjourned before the same court, differently composed, for
re-examination.
20. Before proceedings were brought to a conclusion, Hadijatou Mani Koraou, who had returned to her
paternal home, contracted a marriage with one Ladan Rabo.
21. Having learnt of the marriage of the Applicant to Ladan Rabo, El Hadj Souleymane Naroua filed on 11
January 2007, a case of bigamy against her before the Konni Gendarmerie Squad, who took down a
statement of the case and transmitted it to the State Prosecutor at Konni High Court.
22. By Judgment No. 107 of 2 May 2007, the criminal division of the Konni High Court sentenced Hadijatou
Mani Koraou, her brother Koraou Mani and Ladan Rabo to six (6) months imprisonment without remission
and imposed a fine of CFA F 50,000 on each of them, in compliance with Article 290
× Art. 290 : Quiconque, étant engagé dans les liens de mariage, en aura contracté un autre hors les cas
prévus par la loi ou sa coutume, sera puni d'un emprisonnement de deux mois ? un an et d'une amende de
50.000 ? 500.000 francs, ou de l'une de ces deux peines seulement. L'officier public ou l'officiant qui auront
sciemment pr?té leur minist?re ? ce mariage seront punis de la m?me peine
of the Penal Code of Niger, which punishes the offence of bigamy. In addition, an arrest warrant was issued
against them.
23. The same day, Hadijatou Mani Koraou filed appeal against the said judgment. Despite that, on 9 May
2007, Hadijatou Mani Koraou and her brother Koraou Mani were incarcerated at the Konni Prison House, in
compliance with the arrest warrant issued against them.
24. On 17 May 2007, while Hadijatou Mani Koraou was still in detention, SPCA Cha?bu-Nanzir (a
Professional Partnership of Lawyers), Hadijatou Mani Koraou's Counsel, filed a case before the State
Prosecutor at the Konni High Court, bringing a charge against Souleymane Naroua, for criminal offence of
slavery, relying on Article 270 (2)
× Art. 270. 3 : Constitue le délit 'esclavage 2) le fait pour un maître de percevoir les fruits et les revenus
résultant de la prostitution de la femme de condition servile ou du travail de toute personne de << condition
servile >> ;
and (3)
× 3) l'extorsion de fonds, le chantage exercé ? l'encontre d'une personne de << condition servile >> ;
of the Penal Code of Niger as amended by Law No. 2003 - 025 of 13 June 2003. The case, which was still
pending, was being examined under Number R. P. 22, R.I. 53.
25. Concurrent with these criminal proceedings, the Konni High Court, while adjudicating upon the case
which was adjourned after being quashed by the Supreme Court, in Judgment No. 15 of 6 April 2007,
"found in favour of Hadijatou Mani Koraou's divorce action; ... declared that she shall observe a minimum
legal period of three (3) months of widowhood before any remarriage."
26. El Hadj Souleymane Naroua filed an appeal seeking the annulment of the last decision.
27. On 9 July 2007, while adjudicating on the appeal brought by Hadijatou Mani Koraou against the
decision of the criminal division of the Konni High Court, the Criminal Chamber of the Court of Appeal of
Niamey "ordered in a preliminary ruling, the provisional release of the Applicant from prison, together with
her brother, ordered the automatic revocation of the arrest warrant issued against Ladan Rabo, and stayed
examination of the merits pending the final decision of the divorce judge."
28. On 14 September 2007, Hadijatou Mani Koraou seised the Community Court of Justice, ECOWAS,
upon the basis of Articles 9 (4)
× The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.
and 10 (d)
× Access to the Court is open to the following: d) Individuals on application for relief for violation of their
human rights; the submission of application for which shall:
of the Supplementary Protocol A/SP.1/01/05 of 19 January 2005 amending Protocol A/P.1/7/91 of 6 July
1991 on the Court, for the purposes of requesting the Court to:
(a) Charge the Republic of Niger for violation of Articles 1, 2, 3, 5, 6, and 18 (3) of the African Charter
on Human and Peoples' Rights;
3