ECOWAS Court of Justice Rules the Republic of Guinea violates Mr. Sylla’s right to the presumption of innocence under international human rights law

Lagos, 16 May 2025: The ECOWAS Court of Justice delivered its judgment in the case of Kabinet Sylla, also known as “Bill Gates”, v. the Republic of Guinea (ECW/CCJ/APP/08/23), finding that the Guinean State violated Mr. Sylla’s right to the presumption of innocence under international human rights law.

Case Background

The Applicant, Mr. Kabinet Sylla, a Guinean national, filed a complaint before the Court alleging multiple human rights violations arising from criminal proceedings initiated against him and his companies, Djoma S.A., Djoma Logistique, and Djoma Groupe S.A. , by the Republic of Guinea. On 27 January 2022, the Special Prosecutor at the Court for the Repression of Economic and Financial Offences (CRIEF) issued an indictment for serious economic crimes, including corruption and money laundering.

Despite an investigation by the Central Directorate of Judicial Investigations (DCIJ) finding insufficient evidence to support the charges, Mr. Sylla was formally charged and placed in pre-trial detention on 3 November 2022. His requests for release were systematically denied, prompting him to petition the ECOWAS Court on 13 February 2023.

Applicant’s Claims

Mr. Sylla contended that his arrest and continued detention were arbitrary and unsupported by credible evidence. He further argued that public statements made by prosecutors during a press conference on 2 December 2022 presumed his guilt and prejudiced public opinion in violation of his right to be presumed innocent.

He alleged violations of several legal instruments, including:

  • Article 9(3) and 14(2) of the International Covenant on Civil and Political Rights (ICCPR),
  • Article 7 of the African Charter on Human and Peoples’ Rights (ACHPR),
  • Articles 9 and 11 of the Universal Declaration of Human Rights,
  • The ECOWAS Court Protocol and its Rules of Procedure,
  • The Guinean Code of Criminal Procedure.

Mr. Sylla requested that the Court declare Guinea internationally responsible, order his immediate release, and award him 500 million FCFA in damages.

Respondent’s Position

The Republic of Guinea defended the legality of the proceedings, citing the complexity of the case and the need for thorough judicial review. It justified Mr. Sylla’s detention based on significant discrepancies between his declared income and his assets and denied any human rights violations, insisting that public communications by prosecutors adhered to legal norms.

Findings of the Court

The Court declared itself competent under Article 9(4) of the 2005 Supplementary Protocol and found the application admissible.

On the merits, the Court held that:

  • Violation of the right to the presumption of innocence: The Court found that public statements made by CRIEF prosecutors during the investigative phase went beyond mere information-sharing and constituted a premature declaration of guilt. By referencing large sums of money and suggesting criminal origins without a final judgment, the authorities breached Mr. Sylla’s right to be presumed innocent, in violation of Article 14(2) ICCPR and Article 7(b) ACHPR.
  • Violation of the right to be tried within a reasonable time: The Court also noted that delays in judicial review, including the Supreme Court’s failure to rule on appeals within a reasonable timeframe, constituted a violation of Mr. Sylla’s right to prompt judicial protection.

Decision

The ECOWAS Court of Justice therefore:

  • Declared that the Republic of Guinea violated Mr. Sylla’s rights to the presumption of innocence and to be tried within a reasonable time.
  • Ordered the State to release Mr. Sylla.
  • Ordered the payment of compensation of Thirty Million (30,000,000) Francs CFA in favour of the Applicant.
  • Dismissed the Respondent’s claim for costs.

Judicial Panel

The Judgment was delivered by a panel composed of:

  • Hon. Justice Ricardo Cláudio Monteiro Gonçalves (Presiding and judge Rapporteur)
  • Hon. Justice Sengu Mohamed Koroma (Member)
  • Hon. Justice Gberi-Be Ouattara (Member)