Choukeir and Anor vs Côte d'Ivoire (ECW/CCJ/APP/03/13; ECW/CCJ/JUD/27/15) [2015] ECOWASCJ 40 (1 December 2015)

Choukeir and Anor vs Côte d'Ivoire (ECW/CCJ/APP/03/13; ECW/CCJ/JUD/27/15) [2015] ECOWASCJ 40 (1 December 2015)

The applicant failed to prove that the judges' participation in various stages of the national proceedings constituted a violation of the right to an impartial and fair trial. The evidence did not establish any objective risk of partiality. The intervention by SITEX-CI SARL was not well-founded as its interests were not distinct from the applicant's. All claims for damages and costs are rejected for lack of proof.

Citation
[2015] ECOWASCJ 40
Parties
Applicant: Farouk CHOUKIER; Intervenor: SITEX-CI SARL; Respondent: République de Côte d'Ivoire
Court
ECOWAS Community Court of Justice
Jurisdiction
Ghana
Judgment Date
1 December 2015
Case Number
ECW/CCJ/APP/03/13 ; ECW/CCJ/JUD/27/15
Procedural Posture
Human Rights Application / Final Judgment
Outcome
all claims dismissed
Legal Topics
Judicial Impartiality, Fair Trial, Recusation of Judges, Damages, Costs
Source Language
English
Human Rights Civil Procedure Judicial Impartiality Fair Trial Recusation of Judges Damages Costs

Case Brief

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Parties

Farouk CHOUKIER

Applicant

SITEX-CI SARL

Intervenor

République de Côte d'Ivoire

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether the participation of certain judges in multiple stages of the proceedings violated the applicant's right to an impartial and fair trial
  2. 2 Whether the applicant is entitled to damages for alleged violations of fair trial rights
  3. 3 Whether the intervention by SITEX-CI SARL is admissible and well-founded

Ratio Decidendi

The applicant failed to prove that the judges' participation in various stages of the national proceedings constituted a violation of the right to an impartial and fair trial. The evidence did not establish any objective risk of partiality. The intervention by SITEX-CI SARL was not well-founded as its interests were not distinct from the applicant's. All claims for damages and costs are rejected for lack of proof.

Court Disposition

all claims dismissed

Orders

  • Rejection of the accelerated procedure request for lack of object
  • Rejection of the intervention by SITEX-CI SARL as unfounded