The COURT
Unanimously,
i.
Dismisses the Respondent's preliminary objection on the lack of personal
and material jurisdiction of the Court.
ii.
Declares that the Court has jurisdiction
iii.
Dismisses the Respondent's preliminary objections on the admissibility of
the Application for non-exhaustion of local remedies and for not having been
filed within a reasonable period of time after exhaustion of local remedies.
iv.
v.
Declares the Application admissible.
Declares that the Respondent has not violated Articles 3, 5, 7 (1) (a), 7(1)
(b) and 7(2) of the Charter.
vi.
Finds that the Respondent violated Articles 1,6 and 7(1), and 7(1) (c) of the
Charter.
vii.
Orders the Respondent State to take all necessary measures that would
help erase the consequences of the violations established, restore the preexisting situation and re-establish the rights of the Applicants. Such
measures could include the release of the Applicants. The Respondent
should inform the Court within six (6) months, from the date of this judgment
of the measures taken.
viii.
Grants, in accordance with Rule 63 of the Rules of Court, the Applicants to
file submissions on the request for reparations within thirty (30) days hereof,
and the Respondent to reply thereto within thirty (30) days of the receipt of
the Applicant's submissions.
ix.
Reserves its ruling on the prayers for other forms of reparation and on costs.
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