In an unprecedented ruling, the Paris Judicial Court has agreed to recognise a judgment ordering Guinea to compensate the victims of the Zogota massacre, paving the way for the enforcement of that judgment in France. In 2012, protests against iron ore exploration near the village of Zogota were brutally suppressed, resulting in the deaths of six people.
This is a crucial step towards ensuring that the survivors of the Zogota massacre have access to justice.
On the night of 3–4 August 2012, Guinean security forces opened fire on the village of Zogota, repressing residents’ protests over a nearby iron mine. Six people were killed, and more than a dozen were arrested, arbitrarily detained and, in some cases, tortured. Despite legal proceedings brought in Guinea by the survivors, these abuses have gone unpunished.
In November 2020, the Economic Community of West African States (ECOWAS) Court of Justice ruled that Guinea had breached its international human rights obligations and ordered it to compensate the victims of the massacre. However, Guinea has never executed this judgment and, almost 14 years after the events, the victims have still not received compensation.
Today’s ruling by the Paris Judicial Court now paves the way for this reparation. Following a case brought by the survivors of the massacre, with the support of organisations Sherpa, Les Mêmes Droits pour Tous and Advocates for Community Alternatives, the court ordered the recognition (called exequatur) of the judgment handed down by the ECOWAS Court of Justice in favour of the victims. In other words, this judgment can now be enforced in France in the same way as a French judgment – allowing, in particular, the seizure of Guinean assets on French territory.
This is an unprecedented ruling: it is the first time that a French court has granted exequatur to a judgment handed down by an international human rights court. In particular, the judges rejected Guinea’s jurisdictional immunity, noting that it had waived this right by accepting the jurisdiction of the ECOWAS Court of Justice and that this waiver extends to the exequatur proceedings.
The Guinean government must respect the laws and commitments it has set for itself. Compensation must be paid so that families can rebuild their lives. My husband lost his life in this tragedy and, on my own, I am finding it very difficult to provide for my children’s basic needs, particularly their health, education and food.
This ruling could set an important precedent, at a time when decisions handed down by human rights courts matters are still all too rarely implemented.
Press Release from :
Sherpa, Les Mêmes Droits pour Tous and Advocates for Community Alternatives
For more information : presse@asso-sherpa.org.
