Survivors of the Zogota massacre in Guinea are asking French courts to recognise a ruling in their favour handed down by the Court of Justice of the Economic Community of West African States (ECOWAS). A crucial hearing regarding compensation for the victims took place today at the Paris Judicial Court.
Condemnation of Guinea by International courts
The village of Zogota, in Guinea, is situated on the outskirts of an iron ore exploration site which, in 2012, was controlled by the Brazilian giant Vale and a company owned by the Franco-Israeli businessman Beny Steinmetz.
On the night of 3–4 August 2012, following a protest against the mine’s activities, Guinean defence and security forces opened fire on the residents of Zogota. Five people were killed that night, a sixth died of injuries shortly afterwards, and more than a dozen were arrested and subsequently tortured.
In November 2020, the ECOWAS Court of Justice ruled that Guinea had violated its international human rights obligations and ordered it to compensate the victims of the massacre. However, Guinea has never complied with this ruling. Nearly 14 years after the massacre, the survivors have still not received any compensation.
Obtaining enforcement of a court order
With the support of organisations Les Mêmes Droits pour Tous (MDT), Advocates for Community Alternatives and Sherpa, the survivors have taken the matter to French courts to have the judgment recognised. This procedure – known as exequatur – aims to give a foreign judgment the same legal force as a judgment handed down in France, so that it can be enforced.
Following an initial hearing in August 2024, the judge raised the issue of Guinea’s jurisdictional immunity. Given the novelty of this issue, the case was subsequently referred to a panel of judges at the Paris Judicial Court.
The concept of jurisdictional immunity – that is, a principle that protects States from being subjected to the jurisdiction of the courts of another State – was at the heart of today’s hearing.
The plaintiffs argue that Guinea’s jurisdictional immunity must be set aside because serious human rights violations, including acts of torture, are at stake. In any event, by accepting the jurisdiction of the ECOWAS Court of Justice, Guinea has waived its immunity, and this applies to the exequatur proceedings. This is the rule that applies when a company seeks to obtain exequatur in France for an arbitral ruling against a State.
There is no justification for affording greater protection to a company seeking redress for the breach of an investment treaty than to victims of violations of international human rights law.
Reparations awaited by the survivors
We know that our loved ones have died and that they will never return to us. But the Guinean State must officially acknowledge the harm it has caused us by committing these atrocities. We simply ask that Guinea comply with the ruling of the ECOWAS Court of Justice.
Victims of human rights violations face numerous obstacles in asserting their rights and obtaining justice. This case could set an important precedent, making it easier to enforce international rulings and ensuring victims have access to redress.
The court will deliver its judgment on the 8th of July 2026.
Press Release from :
Sherpa, Les Mêmes Droits pour Tous and Advocates for Community Alternatives
For more information : presse@asso-sherpa.org.
