Zogota massacre case in Guinea
For justice beyond
borders
Why was legal action taken against the Republic of Guinea?
Sherpa reminds that, any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
In the night between the 3rd and 4th of August 2012, Guinean state security forces opened fire on the inhabitants of the Zogota village, located near an iron ore mine belonging to the company VBG. At the time, the community was in conflict with VBG, owned by the Brazilian mining giant Vale and BSG Resources, a company owned by French Israeli diamond mogul Beny Steinmetz.
The complaints filed before the Guinean authorities following the massacre went unanswered, which led the survivors of the massacre to file an application with the ECOWAS (Economic Community of West African States) Court of Justice. In November 2020, the Court ordered the Republic of Guinea to compensate the victims and their surviving family members.
In October 2023, the survivors of the massacre, with the support of Sherpa, Les Mêmes Droits pour Tous, and Advocates for Community Alternatives, filed a lawsuit before the Paris Judicial Court to obtain exequatur, or recognition, of the ECOWAS Court judgment.
This case could create an important precedent by recognising that French jurisdictions have an obligation to endorse the international human rights system and to enable the enforcement of decisions issued in favour of victims.
Timeline
Key dates
Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
