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The African Court held that it had jurisdiction but declared the application inadmissible because the applicant failed to exhaust local remedies, especially cassation.
The African Court struck out Ahmed Ally’s application after he was pardoned and released, finding he had not pursued the case and no longer appeared to wish to continue.
The African Court held the application inadmissible because it was filed more than six years after the relevant date and was not brought within a reasonable time.
The African Court ordered joinder of three related applications against Côte d’Ivoire arising from similar criminal convictions and overlapping fair-trial complaints.
The Court found that all applicants, except for the first and seventh regarding the legality of their sentence, failed to exhaust available domestic remedies as required by Article 56(5) of the Charter. The claim of discrimination in the application of presidential pardon was therefore inadmissible. On the merits, the Court held that the minimum sentence of 30 years for armed robbery was lawful and in force at the time of the applicants’ convictions, and thus there was no violation of the right to a fair trial or the principle of legality.
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