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Legal System of Ivory Coast

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Wilfried Dogbo, KNEU

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Legal System of Ivory Coast

  1. 1. Legal system of Ivory Coast
  2. 2. Summary 1- JURISICTIONS 2- UPPER COURTS 2-1- Supreme Court 2-1-1- List of presidents 2-2- HIGH COURT OF JUSTICE 3- LOWER COURTS 3-1- Courts of appeals 3-2- Courts of first instance 3-3- Courts of assize 3-4- Justice of peace courts 4- TRADITIONAL LAW 5- CRITICISM
  3. 3. 1- JURIDICTIONS Ivory Coast is organized with three types of jurisdictions: • non-permanent jurisdictions, • permanent jurisdictions, • and arbitral jurisdiction
  4. 4. 2- UPPER COURTS The upper courts of Ivory Coast include:  the Supreme Court, the High Court of Justice, and the State Security Court.
  5. 5. 2-1- Supreme court The Supreme Court oversees the application of the law by the courts of the judiciary and administrative orders. It settles conflicts of jurisdiction between the jurisdictions of the two orders. The Supreme Court includes the Court of Cassation and the Council of State. An organic law determines the composition, organization and functioning of the Supreme Court.  The Court of Cassation is the highest court in the judiciary. It rules supremely on cassation appeals against decisions rendered as a last resort by the Courts and Tribunals of the judiciary. The Council of State is the highest court of the administrative order. It rules sovereignly on decisions rendered as a last resort by the administrative courts and by the administrative courts specialized in administrative disputes. The Council of State hears first and last resort actions for annulment of the acts of the central administrative authorities and bodies having national competence. It also exercises an advisory function. For this reason, it can be requested by the President of the Republic, for opinion, on any question of administrative nature.
  6. 6. 2-1-1- List of presidents • Ernest Boka (c. 1960-1963) • Alphonse Boni (1963-1989) • Lanzeny Coulibaly (1990-1993) • Mamadou Koui(1994-2000) • Guillaume Folquet (2000) • Tia Kone (2000-2011) • Mamadou Kone (2011-2015) • René François Aphing-Kouassi (2015-present)
  7. 7. 2-2- The high court of justice The High Court of Justice has non-permanent jurisdiction to judge members of the government over offenses that they may have committed violating penal code while in office.
  8. 8. 3- LOWER COURTS The lower courts of Ivory Coast include the courts of appeals, the courts of first instance, the courts of assize, and the justice of peace courts. These were established by Presidential Decree.
  9. 9. 3-1- Courts of appeals Courts of appeal represent the second level of jurisdiction. They are competent to hear appeals brought by litigants against judgments rendered in first instance by the courts of the first degree. ... Now in Ivory Coast there is a court of appeal for trade. Ivory Coast has three courts of appeals in Abidjan, Bouaké, and Daloa. These courts have appellate jurisdiction over the courts of first instance and the courts of assize. The chamber of appeals consists of a president and two appeal judges. An investigating chamber, composed of a president and two appeal judges, holds hearings in each appeals court. They may refer cases back to courts of assize or correctional tribunals. Correctional tribunals judge misdemeanors and felonies, and only judge cases referred to it by an investigating chamber. Correctional tribunals consist of a president, an investigating judge, and a deputy prosecutor of the republic. Hearings in these tribunals are public, and any mode of evidence can be used to prove offenses. Judges must base their decision upon evidence provided during the hearing. The suspect and witnesses after having taken an oath are questioned and heard by the president. After the hearing and investigation, the prosecutor of the republic makes submissions. The suspect then presents a defense. The prosecutor can respond to this defense, but the suspect always receives the chance to have the last word. Judgement is either made during this session or at a later date.
  10. 10. 3-2- Courts of first instance A court of first instance is often the first court to consider a dispute and make a decision. Subsequently, certain legal remedies against this judgment may be available, including appeal and recourse to a higher court. Ivory Coast has nine courts of first instance in Abidjan, Yopougon, Bouaké, Bouaflé, Daloa, Man, Abengourou, Korhogo, and Gagnoa. These courts have original jurisdiction over more substantial minor criminal cases with maximum sentences of three months or less, juvenile cases, and more substantial civil cases.
  11. 11. 3-3- Courts of assize The Assize Court is the criminal jurisdiction competent to judge crimes, that is to say, the most serious offenses whose sentences range from 10 years in prison to life (rape, murder, etc.). The court of assize is made up of a court proper, consisting of a president, two assessors, and six jurors.
  12. 12. 3-4- Justice of peace courts The justice of peace courts have original jurisdiction to hear minor civil and criminal cases.
  13. 13. 4- Traditional law In many rural parts of Ivory Coast, traditional customary law and traditional institutions constitute the lowest levels of justice, where the formal court system has yet to establish administration. Grand Mediators settle disputes when traditional law and means cannot
  14. 14. 5- Criticism The judicial system of Ivory Coast has been found to often be unreliable. According to the Human Rights Watch 2018 World Report, the system is slowly being strengthened. The report praised the country for holding the courts of assize more often, the expansion of its court system, and its establishment of a legal aid fund. The report also criticized what it called "fundamental problems," however, including the lack of judicial independence and an excessive use of pretrial detention, especially in cases involving political figures
  15. 15. Dogbo Wilfried 110i THANK YOU FOR YOUR ATTENTION

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