fory c republique de cote divoire requete n 0342017 2021 afchpr 8 2 decembre 2021

fory c republique de cote divoire requete n 0342017 2021 afchpr 8 2 decembre 2021

The Court found that the applicant's right to be tried within a reasonable time was violated, as his cassation appeal remained undecided for over 20 years, constituting an abnormally long delay attributable to the respondent state. The Court held that the applicant was not required to exhaust domestic remedies under...

Source-derived case information.

Citation
fory c republique de cote divoire requete n 0342017 2021 afchpr 8 2 decembre 2021
Parties
Applicant: Kouadio Kobena Fory; Respondent: République de Côte d’Ivoire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application partially granted
Legal Topics
Right to a Fair Trial, Reasonable Time for Judgment, Exhaustion of Domestic Remedies, Moral Damages, State Responsibility
Source Language
en
Human Rights Law International Law Right to a Fair Trial Reasonable Time for Judgment Exhaustion of Domestic Remedies Moral Damages State Responsibility

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Parties

Kouadio Kobena Fory

Applicant

République de Côte d’Ivoire

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicant's right to be tried within a reasonable time was violated
  2. 2 Whether the applicant exhausted domestic remedies
  3. 3 Whether the applicant is entitled to pecuniary and non-pecuniary reparations

Ratio Decidendi

The Court found that the applicant's right to be tried within a reasonable time was violated, as his cassation appeal remained undecided for over 20 years, constituting an abnormally long delay attributable to the respondent state. The Court held that the applicant was not required to exhaust domestic remedies under these circumstances and awarded moral damages to the applicant and his family.

Court Disposition

Application partially granted

Orders

  • The respondent state violated the applicant's right to be tried within a reasonable time.
  • The respondent state must pay the applicant 40,000,000 CFA francs for moral damages.