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Tanzania Judgment

TANZLII

sidiki et outros c republique du cote divoire requete n 0472019 requete n 0512019 requete n 0532019 requetes jointes nos 0282019 requetes jointes nos 0302019 requ

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Research organized from the available case record

Source document

01

Holding and result

The applications concern similar facts, alleged violations, and measures requested against the same respondent state, justifying joinder for proper administration of justice under Rule 54.

Court disposition

joinder of cases ordered

Orders

  • Joinder of Applications No. 047/2019, 051/2019, 053/2019 with Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, Fea Charles and Others v. Republic of Cote d'Ivoire.
  • Henceforth, the applications shall be referred to as Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, 047/2019, 051/2019 and 053/2019 - Fea Charles and Others v. Republic of Cote d'Ivoire.
  • This order and related pleadings shall be served on all parties.

02

Material facts

Parties

Diomande Aboubakar Sidiki

Applicant

Traore Aboulaye

Applicant

Adae Tano Alain Christian

Applicant

Fea Charles and Others

Applicant

Republic of Cote d'Ivoire

Respondent

03

Procedural history

  1. Posture

    Joinder of Applications / Interlocutory Order

04

Questions and positions

Legal issues

Whether the applications should be joined due to similarity of facts, alleged violations, and respondent state

Party arguments

Applicant
Applicants seek joinder of their cases due to similar facts, alleged violations, and measures requested against the same respondent state.
Respondent
No specific respondent argument recorded in the order.

05

Court’s reasoning

  1. 01

    Rule 54 of the Rules of Court

    The Court may at any stage of the pleadings order the joinder of interrelated cases and pleadings where it deems it appropriate, both in fact and in law.

06

Ratio, limits and disposition

Ratio decidendi

The applications concern similar facts, alleged violations, and measures requested against the same respondent state, justifying joinder for proper administration of justice under Rule 54.

Court disposition

joinder of cases ordered

  • Joinder of Applications No. 047/2019, 051/2019, 053/2019 with Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, Fea Charles and Others v. Republic of Cote d'Ivoire.
  • Henceforth, the applications shall be referred to as Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, 047/2019, 051/2019 and 053/2019 - Fea Charles and Others v. Republic of Cote d'Ivoire.
  • This order and related pleadings shall be served on all parties.

Source and reliance status

TANZLII · 1 January 2019

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Judgment reading view

Judgment text

The complete available source text.

Source document

TANZLII

Judgment· 1 January 2019

sidiki et outros c republique du cote divoire requete n 0472019 requete n 0512019 requete n 0532019 requetes jointes nos 0282019 requetes jointes nos 0302019 requ

i 000N0 t r6'\ AFRICAN UNION UNIoN AFRICAINE I .+,i!r .rl=fltr \J t **) i*, E urutAo arRrcnrun AFRICAN COURT ON HUMAN AND PEOPTES' RIGHTS

COUR AFRICAINE DES DROITS DE THOMME ET DES PEUPLES

AFFAIRES 1. DIOMANDE ABOUBAKAR SIDIKI c. REPUBLTeUE DE c6re D'rvorRE neouEre N' 047/2019 D++ t aotq ET oc tlrl aott 2. TRAORE ABOULAYE ooo+s7)Bs C ooo l+l+o- c. REPUBLTeUE DE cOre D'rvorRE neouEre N'os1/2019 ET 3. ADAE TANO ALAIN CHRISTIAN c. REPUBLTeUE DE cOre D'rvorRE neouErE N" 053/2019 ET REQUETES JOINTES Nos. 02812019,030/2019, 031/2019, 033/2019 - FEA cHARLES ET AUTRES c. nEpueLreuE oe c6re D'lvotRE ORDONNANCE PORTANT JONCTION D'INSTANCES 2 DECEMBERE 2019 I I The Gourt composed of Ben KIOKO, Vice President, Rafad BEN ACHOUR, Angelo V. MATUSSE, Suzanne MENGUE, M-Therese MUKAMULISA, Tujilane R. CHIZUMILA, Chafika BENSAOUIA,. Blaise TCHIKAYA, Stella L ANUKAM, lmani D. ABOUD, Judges; and Robert ENO, Regbtrar 000 4 3I Pursuant to article 22 of the Protocol on the African Charter on Human and Peopbs' Rights on the establishment of the African Court on Human and Peoples' Rights (hereafter refened to as the 'Protocol") and Rule 8(2) of the Rules of Court (hereafter refened to as the "Rules") Judge Sylvain ORE of lvorian nationality did not hear the case. ln the matters DIOMANDE ABOUBAKAR SIDIK! v.

REPUBLIC OF COTE DIVOIRE APPLICATION No. 047/2019

AND

TRAOREABOULAYE v. REPUBLIC OF COTE D'MOIRE APPLICATION No. 051/2019

AND

ADAE TANO ALAIN CHRISTIAN v. COTE D'IVOIRE APPLICATTON No. 053/2019 AND JOINT APPLICAT|ON NO. 028t2019, 030/2019, 031/2019, 033/2019 _ FEA CHARLES AND OTHERS V. REPUBLIC OF COTE D'IVOIRE ,rrru I After deliberations, 00043I Makes the follorruing order 1 Considering the Application dated 16 September 2019, received at the'Registry of the Court on 2 October 2019, from Diomande Aboubakar Sidiki (hereinafter referred to as the "Applicant") against the Republic of COte d'lvoire (hereinafter referred to as "the Respondent State") and registered as Application No. 04712019 2 Considering the Application dated 16 September 2019, received at the Registry of the Court on 11 October 2019, from Traore Aboulaye (hereinafter referred to as the "Applicant") against the Republic of COte d'lvoire (hereinafter referred to as " the respondent State") and registered as Application No. 05112019; 3 ConsideringtheApplicationdated 16 September2Ol9, received atthe Registryof the Court on 11 October 2019, from Adae Tano Alain Christian (hereinafter referred to as the "Applicant") against the Republic of C6te d'lvoire (hereinafter referred to as "the respondent State") and registered as Application No. 053/2019; 4 Considering the joinder of cases and pleadings in Applications Nos. 02812019, 030/2019, 03112019 and 033/2019, - Fea Charles and others v. Republic of Cdte d'lvoire made by the Court by an Order

of 26 September 2019; 5 Considering Rule 54 of the Rules which provides that "the Court may at any stage of the pleadings either on its own volition or in response to an application by any of the parties, order the joinder of interrelated cases and pleadings where it deems it appropriate, both in fact and in law." 6. Considering that the facts in support of the Applications referenced above, the alleged violations and the measures requested are similar, the Respondent State being the same and for the same reasons as those which justified the joinder of proceedings concerning Applications Nos. 028/2019, 030/2019,03112019,033/2019, Fea Charles and Others v. Republic of Cote d'lvoire; 7. As a consequence of the above, , the joinder of cases and pleadings in relation to the above-referenced Applications is appropriate in fact and in law and for the proper administration of justice, in accordance with Rule 54 of the Rules; 311!.lgr: ,

OPERATIVE PART *a043'i For these reasons, The Court, Unanimously Orders The joinder of cases and pleadings in Applications No. 04712019 Diomande Aboubakar Sidikiv. Republic of Cote d'lvoire, No. 051/2019 Traore Aboulaye v. Republic of Cdte d'lvoire and No. 05312019 Adae Tano Alain Christian v. Republic of C6te d'lvoire with those in Consolidated Applications Nos. 02812019, 030/2019, 03112019, 033/2019, Fea Charles and Others v. Republic of Cdte d'lvoirei il That henceforth the Applications be referred to as "Consolidated Applications Nos. 028/2019, 030/20'19, 031/2019, 03312019,04712019,051t2019 and 053 / 2019 - Fea Charles and Others v. Republic of Cote d'lvoire." ilt That consequent upon the joinder, this Order and the pleadings related to the above referred matters shall be served on allthe Parties. Signed Ben KIOKO, Vice President; ilt "l ,r; Robert ENO, Registrar .) Done alZanzibar, this Second Day of Decem rTvventy Ni in French, the French text being authoritative. 4lilage

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Protocol on the African Charter on Human and Peoples' Rights on the establishment of the African Court on Human and Peoples' Rights

Legislation

Legislation referenced in the available case record.

Rule 54 of the Rules of Court

Legislation

Legislation referenced in the available case record.

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