kone and anor v cote d ivoire communication 289 of 2004 2012 achpr 9 22 october 2012

kone and anor v cote d ivoire communication 289 of 2004 2012 achpr 9 22 october 2012

The Commission found a prolonged and unjustified lack of response from the complainants regarding the progress of amicable settlement negotiations and no request for extension, indicating lack of diligent prosecution, and decided to strike out the communication.

Citation
kone and anor v cote d ivoire communication 289 of 2004 2012 achpr 9 22 october 2012
Parties
Complainant: Mr Brahima Koné; Complainant: Mr Amadou Tiéoulé Diarra; Represented Party: High Council of Malian Foreigners in the Republic of Côte d’Ivoire; Represented Party: African Solidarity Movement for Democracy and Independence (SADI); Respondent State: Côte d’Ivoire
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
22 October 2012
Procedural Posture
Communication (human Rights Complaint) / Struck Out for Lack of Diligent Prosecution
Outcome
struck out for lack of diligent prosecution
Legal Topics
Arbitrary Arrest, Summary Execution, Forced Expulsion, Property Seizure, Racial Discrimination, Amicable Settlement, Admissibility
Source Language
English
Human Rights Law Arbitrary Arrest Summary Execution Forced Expulsion Property Seizure Racial Discrimination Amicable Settlement Admissibility

Case Brief

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Parties

Mr Brahima Koné

Complainant

Mr Amadou Tiéoulé Diarra

Complainant

High Council of Malian Foreigners in the Republic of Côte d’Ivoire

Represented Party

African Solidarity Movement for Democracy and Independence (SADI)

Represented Party

Côte d’Ivoire

Respondent State

Procedural Posture

Communication (human Rights Complaint) / Struck Out for Lack of Diligent Prosecution

Legal Issues

  1. 1 Whether Côte d’Ivoire violated Articles 2, 3, 4, 5, 8, 10, 11, 12, 14, 15, 18, 20, 21 and 23 of the African Charter on Human and Peoples’ Rights
  2. 2 Whether the communication should be struck out for lack of diligent prosecution

Ratio Decidendi

The Commission found a prolonged and unjustified lack of response from the complainants regarding the progress of amicable settlement negotiations and no request for extension, indicating lack of diligent prosecution, and decided to strike out the communication.

Court Disposition

struck out for lack of diligent prosecution

Orders

  • The communication is struck out due to lack of diligent prosecution by the complainants.