[2022] AfCHPR 81

| | | | | --- | --- | --- | | AFRICAN UNION |  | UNION AFRICAINE | |  | UNIÃO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES | | |

IN THE MATTER OF

BAEDAN DOGBO PAUL AND BAEDAN M'BOUKE FAUSTIN

V.

REPUBLIC OF CÔTE D'IVOIRE

APPLICATION NO. 2019/2020

RULING

(REOPENING OF PROCEEDINGS)

1st APRIL 2022

The Court, composed of: Imani D. ABOUD, President, Blaise TCHIKAYA, Vice-President, Ben KIOKO, Rafâa BEN ACHOUR, Suzanne MENGUE, M-Thérèse MUKAMULISA, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Stella I. ANUKAM, Dumisa B. NTSEBEZA, Modibo SACKO - Judges; and Robert ENO, Registrar

In the matter of

BAEDAN Dogbo Paul and BAEDAN M'Bouké Faustin

Represented by:

Mr Alphonse VAN, Advocate at the Bar of Côte d'Ivoire

*Versus*

REPUBLIC OF CÔTE D'IVOIRE

Represented by:

Ms. LY SANGARE, nee Kadiatou, Legal Officer of the Treasury

After deliberation,

issues this ruling

THE PARTIES

BAEDAN Dogbo Paul and BAEDAN M'Bouke Faustin, (hereinafter "the Applicants"), are Ivorian nationals. They allege violation of their right of ownership of a parcel of land located in Abidjan and of their right to compensation following the expropriation of the said parcel of land.

The Application is filed against the Republic of Côte d'Ivoire (hereinafter "the Respondent State"), which became a party to the African Charter on Human and Peoples' Rights (hereinafter "the Charter") on 31 March 1992 and to the Protocol on the Establishment of an African Court on Human and Peoples' Rights (hereinafter "the Protocol") on 25 January 2004. On 23 July 2013, the Respondent State deposited the Declaration provided for in Article 34(6) of the Protocol (hereinafter referred to as "the Declaration") by virtue of which it accepted the jurisdiction of the Court to receive applications from individuals and non-governmental organisations having observer status with the Commission. On 29 April 2020, the Respondent State deposited with the Chairperson of the African Union Commission the instrument of withdrawal of its Declaration. The Court has ruled that this withdrawal has no bearing on pending cases and on new cases filed before the entry into force of the withdrawal one year after its deposition, that is, on 30 April 2021.

SUBJECT OF THE APPLICATION

The Applicants aver that in 1980, the Respondent State expropriated a large parcel of ancestral land belonging to the Baedan family in Abidjan Yopougon Kouté and proceeded to build the Youpougon University Hospital in 1980 and then Cité Policière BAE in 1998.

The Applicants further aver that in 2003, following compensation proceedings brought by members of the Baedan family before the Youpougon Court of First Instance, the said court, by judgment of 13 January 2003, granted their claim and ordered the Respondent State to pay them an amount of 812,488,000 CFA francs as compensation for the loss of their customary rights. The Applicants state that up to the date of the filing of the instant Application with this Court, the Respondent State has not paid the sum and request the Court to find a violation of their property rights and their right to compensation.

SUMMARY OF PROCEEDINGS BEFORE THE COURT

The Application was filed with the Registry of the Court on 14 May 2020 and served on the Respondent State on 30 June 2020.

On 29 September 2021, the Court requested the Respondent State to submit its Response to the Application within Forty-five (45) days, failing which the Court would enter judgment by default.

By correspondence dated 26 October 2021, the Respondent State stated that it never received APPLICATION No. 2019/2020: *BAEDAN DOGBO PAUL AND BAEDAN M'BOUKE FAUSTIN V. REPUBLIC OF CÔTE D'IVOIRE* and requested that the Application be served on it.

On 9 February 2022, pleadings were closed and the Registry of the Court duly notified the parties.

On 15 February 2022, the Legal Officer of the Treasury, representing the Respondent State, reaffirmed that he never received the Application in respect of the matter at bar and reiterated his request that the Application be notified to him in order to properly defend the interests of the Respondent State.

REQUEST TO BE SERVED THE APPLICATION

The Court notes that Rule 46(3) of the Rules of Court provides that "The Court has the discretion to determine whether or not to reopen pleadings".

The Court also notes that the records show that acknowledgement of receipt was issued only for the notifications of 29 September 2021 and 9 February 2022 delivered by DHL. On the other hand, receipt of the notification of the Application initiating proceedings on 30 June 2020 was not acknowledged and the Respondent State has expressly stated that it did not receive notification of the Application. Based on these findings, the benefit of the doubt regarding the receipt of the Application inures to the Respondent State.

The Court notes that under Rule 46(3) of the Rules it may order the reopening of proceedings and allow a party to file its pleadings where the interest of justice so requires. In the instant case, the Court considers that it is appropriate, in the interest of justice and respect for the principle of adversarial proceedings, to adjourn the proceedings and order the reopening of the hearing in order to allow the Respondent State to file its Response.

OPERATIVE PART

For these reasons:

THE COURT:

Unanimously,

Orders:

That the proceedings in respect of Application 019/2020: *Baedan Dogbo Paul and Baedan M'bouke Faustin v. Republic of Côte d’Ivoire* be reopened;

That the Respondent State make available the complete list of its representatives within Thirty (30) days and file its Response and submissions on reparations within Ninety (90) days from the date of receipt of this Ruling.

Signed by:

Imani D. ABOUD, President;

and Robert ENO, Registrar

Done at Arusha, this First day of April in the year Two Thousand and Twenty-two, in the English and French languages, the French text being authentic.