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African Court on Human and Peoples Rights

Sidiki and Others v Côte d'Ivoire (Application No. 047/2019; Application No. 051/2019; Application No. 053/2019; Joint Application No. 28/2019; Joint Application No. 30/2019; Joint Application No. 31/2019; Joint Application No. 33/2019) [2019] AfCHPR 54 (2 December 2019)

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01

Holding and result

The court determined that the applications referenced—047/2019, 051/2019, 053/2019, and the previously consolidated 028/2019, 030/2019, 031/2019, 033/2019—concern similar facts, alleged violations, and requested measures, all directed against the Republic of Côte d'Ivoire. In accordance with Rule 54 of the Rules of Court, which allows for the joinder of interrelated cases and pleadings where appropriate in fact and in law, the court found that consolidation would serve the proper administration of justice. The court therefore ordered the joinder of these applications into a single consolidated proceeding, to 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 Côte d'Ivoire.

Court disposition

applications joined and consolidated

Orders

  • The joinder of cases and pleadings in Applications No. 047/2019, 051/2019, and 053/2019 with those in Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019.
  • 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 Côte d'Ivoire.
  • This order and the pleadings related to the above matters shall be served on all the parties.

02

Material facts

Parties

Diomande Aboubakar Sidiki

Applicant

Traore Aboulaye

Applicant

Adae Tano Alain Christian

Applicant

Fea Charles and Others

Applicant

Republic of Côte d'Ivoire

Respondent

03

Procedural history

  1. Posture

    Joinder Application / Order for Joinder of Cases

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicants' cases involve similar facts, alleged violations, and requested measures, all against the same respondent state, justifying consolidation for efficient administration of justice.
Respondent
The respondent state did not object to the joinder or provided no arguments against consolidation, and the court proceeded on its own motion.

05

Court’s reasoning

  1. 01

    Rule 54 of the Rules of Court

    The court may order the joinder of interrelated cases and pleadings where appropriate in fact and in law.

  2. 02

    Order of 26 September 2019; Rule 54 of the Rules

    Joinder is justified where applications involve similar facts, alleged violations, and measures requested against the same respondent.

06

Ratio, limits and disposition

Ratio decidendi

The court determined that the applications referenced—047/2019, 051/2019, 053/2019, and the previously consolidated 028/2019, 030/2019, 031/2019, 033/2019—concern similar facts, alleged violations, and requested measures, all directed against the Republic of Côte d'Ivoire. In accordance with Rule 54 of the Rules of Court, which allows for the joinder of interrelated cases and pleadings where appropriate in fact and in law, the court found that consolidation would serve the proper administration of justice. The court therefore ordered the joinder of these applications into a single consolidated proceeding, to 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 Côte d'Ivoire.

Obiter and limits

  • The court acted unanimously in ordering the joinder.
  • The French text of the order is authoritative.

Court disposition

applications joined and consolidated

  • The joinder of cases and pleadings in Applications No. 047/2019, 051/2019, and 053/2019 with those in Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019.
  • 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 Côte d'Ivoire.
  • This order and the pleadings related to the above matters shall be served on all the parties.

Source and reliance status

African Court on Human and Peoples Rights

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Source document

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Judgment text

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Source document

African Court on Human and Peoples Rights

Judgment

[2019] AfCHPR 54

| | | | | --- | --- | --- | | AFRICAN UNION | ![Description: AU Court logo](data:image/jpeg;base64...) | UNION AFRICAINE | | ![](data:image/png;base64...) | UNIÃO AFRICANA | | AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES | | |

MATTERS OF

1. DIOMANDE ABOUBAKAR SIDIKI

*V.*

REPUBLIC OF COTE D’IVOIRE

APPLICATION No. 047/2019

AND

2. TRAORE ABOULAYE

*V.*

REPUBLIC OF COTE D’IVOIRE

APPLICATION No. 051/2019

AND

3. ADAE TANO ALAIN CHRISTIAN

*V.*

REPUBLIC OF COTE D’IVOIRE

APPLICATION No. 053/2019

AND

4. JOINT APPLICATION No. 028/2019, 030/2019, 031/2019, 033/2019- FEA CHARLES AND OTHERS V. REPUBLIC OF COTE D’IVOIRE

ORDER FOR JOINDER OF CASES

2 DECEMBER 2019

The Court composed of: Ben KIOKO, Vice President, Rafaâ BEN ACHOUR, Angelo V. MATUSSE, Suzanne MENGUE, M-Thérèse MUKAMULISA, Tujilane R. CHIZUMILA, Chafika BENSAOULA, Blaise TCHIKAYA, Stella I. ANUKAM, Imani D. ABOUD, Judges; and Robert ENO, Registrar.

Pursuant to article 22 of the Protocol on the African Charter on Human and Peoples’ Rights on the establishment of the African Court on Human and Peoples’ Rights (hereafter referred to as the “Protocol”) and Rule 8(2) of the Rules of Court (hereafter referred to as the “Rules”) Judge Sylvain ORE of Ivorian nationality did not hear the case.

In the matters:

DIOMANDE ABOUBAKAR SIDIKI

v.

REPUBLIC OF COTE D’IVOIRE

APPLICATION No. 047/2019

AND

TRAORE ABOULAYE

v.

REPUBLIC OF COTE D’IVOIRE

APPLICATION No. 051/2019

AND

ADAE TANO ALAIN CHRISTIAN

v.

COTE D’IVOIRE

APPLICATION No. 053/2019

AND

JOINT APPLICATION NO. 028/2019, 030/2019, 031/2019, 033/2019 –

FEA CHARLES AND OTHERS V. REPUBLIC OF CÔTE D'IVOIRE

After deliberations,

Makes the following 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 Côte d'Ivoire (hereinafter referred to as "the Respondent State") and registered as Application No. 047/2019 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 Côte d'Ivoire (hereinafter referred to as " the respondent State") and registered as Application No. 051/2019; 3. Considering the Application dated 16 September 2019, received at the Registry of the Court on 11 October 2019, from Adae Tano Alain Christian (hereinafter referred to as the "Applicant") against the Republic of Côte d'Ivoire (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. 028/2019, 030/2019, 031/2019 and 033/2019, - *Fea Charles and others v. Republic of Côte d'Ivoire* 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, 031/2019, 033/2019, *Fea Charles and Others v. Republic of Côte d'Ivoire*; 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;

OPERATIVE PART

For these reasons,

The Court,

*Unanimously*

Orders:

1. The joinder of cases and pleadings in Applications No. 047/2019 *Diomande Aboubakar Sidiki v. Republic of Côte d'Ivoire*, No. 051/2019 *Traore Aboulaye v. Republic of Côte d'Ivoire* and No. 053/2019 *Adae Tano Alain Christian v. Republic of Côte d'Ivoire* with those in Consolidated Applications Nos. 028/2019, 030/2019, 031/2019, 033/2019, *Fea Charles and Others v. Republic of Côte d'Ivoire*; 2. That henceforth the Applications 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 Côte d'Ivoire.”* 3. That consequent upon the joinder, this Order and the pleadings related to the above referred matters shall be served on all the Parties.

Signed

Ben KIOKO, Vice President;

Robert ENO, Registrar.

Done at Zanzibar, this Second Day of December Twenty Nineteen in English and in French, the French text being authoritative.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

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

Order of 26 September 2019, Fea Charles and Others v. Republic of Côte d'Ivoire

Case cited

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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