[2019] AfCHPR 82

| $036 - 037/20$<br>9.6 line 1<br>$-000099$ | | 000102 | |---------------------------------------------------------------------------------------------------|--|------------------------| | <b>AFRICAN UNION</b> | | <b>UNION AFRICAINE</b> | | الاتحاد الأفريني | | <b>UNIÃO AFRICANA</b> | | AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS<br>COUR AFRICAINE DES DROITS DE L'HOMME ET DES PEUPLES | | |

# THE MATTER OF

## **KONATE KALILOU**

### $\mathbf{V}$ .

# **REPUBLIC OF CÔTE D'IVOIRE**

# **APPLICATION NO. 036/2019**

### **AND**

# **DOUMBIA IBRAHIM**

### $V$ .

# **REPUBLIC OF CÔTE D'IVOIRE**

# **APPLICATION NO. 037/2019**

ORDER FOR JOINDER OF CASES **26 SEPTEMBER 2019**

The Court composed of: Ben KIOKO, Vice-President, Rafaa BEN ACHOUR, Angelo v. I\4ATUSSE, suzanne IUENGUE, [\4-Th6rdse MUKAMULISA, Tujitane R. CHIZUI\4ILA, Chafika BENSAoULA, Blaise TCH|KAYA, Steila t. ANUKAM, tmani D. ABOUD Judges and Robert ENO, Registrar"

Pursuant to Article 22 of the Protocol relating to the African Charter on Human and Peoples' Rights establishing an African Court on Human and Peoples' Rights (hereinafter referred to as "the Protocol") and Article 8(2) of the Rules of Procedure of the Court (hereinafter referred to as "the Rules"), Judge Sylvain ORE of lvorian nationality, recused himself.

ln the lMatters of

o

o

#### KONATE KALILOU

#### V.

#### REPUBLIC OF COTE D'MOIRE

#### APPLICATION No. 036/2019

#### AND

#### DOUMBIA IBRAHIM

#### V,

#### REPUBLIC OF COTE D'MOIRE

#### APPLICATION No. 037/2019

After deliberations,

1. Considering the application dated 10 June 2019, received at the Registry of the Court on 22 July 2019, from Mr Konate Kalilou (hereinafter referred to as "the Applicant") filed against the Republic of Cote d'lvoire (hereinafter referred to as "the Respondent State");

2. Considering the application dated 10 June 2019, received atthe Registry of the Court on 22 July 2019, from [Mr Doumbia lbrahim filed against the Republic of C6te d'lvoire (hereinafter referred to as "the Respondent State ,');

o

o

- 3. Considering that Rule 54 of the Rules of Procedure of the Court, provides: "The Court may, at any stage of the pleadings, of its own volition or in response to an application of one of the parties, order the joinder where it deems it appropriate in fact and in law"; - 4. Considering that, while the Applicants are different as above stated, they are represented by the same lawyer, and the Applications are filed against the same Respondent State, which is the Republic of Cote d,lvoire - 5. ConsiCering that the facts suppoffng the applicaticns are similar, since they originate from the trialof Applicants and their sentences, without representation by counsel, to twenty (20) years imprisonment by the Divo Court of First lnstance for ganging up to commit armed robbery with violence; this 2O-year sentence was reduced after appeal tc a fixed terrn of inrprisonment cf 15 years by judgment No. 141 of 21march2013 of the Second Criminal Chamber of the Daloa Court of Appeal, the judge of the second instance confirmed judgment No. 342 of 14 June2012; - 6. Considering that in both proceedings, the Applicants allege that the Respondent State has violated their rights to afair trial, equality and dignity, the right of access to justice and the right to an effective remedy as set out in the African Charter, the lnternational Covenant on Civil and Political Rights and the Universal Declaration of Human Rights and that the reliefs sought are similar in nature; - 7. Considering therefore that the facts in support of the applications, the alleged violations and the measures requested are similar and taking into account the identity of the Respondent State;

8. Mindful of all of the above, a joinder of cases and pleadings in relation to these Applications is appropriate in fact and in law, and for the good administration of justice pursuant to Rule 54 ofthe Rules of the Court.

### OPERATIVE PART

For these reasons

The Court

;

I

e

a

Unanimously

Orders:

- i. The joinder of cases and proceedings in the Application filed by the Applicants against the Respondent State; - il. That henceforth the Applications be referred to as "Consolidated Applications 03612019 and 03712019 - Konate Kalilou and Doumbia lbrahim v. Cdte d'lvoire. - iii That consequent upon the joinder, this Order and the pleadings retating to the above referred l/atters shall be served on all the parties.

ln accordance with Article 28(7) of the Protocol and Rule 60(5) of the Rules, the separate opinion of Judge Chafika BENSAOULA is attached to this order.

Done in Arusha, this Twenty sixth Day of the month of September 201g in English and French, the French text being authoritative

Signed

Ben KIOKO, Vice-President;


and Robert ENO, Registrar