00t{
3
0
declare inadmissible the claim for reimbursement of expenses incurred in
exile;
dismiss allthe prayers for reparation made by the Applicant;
as a counterclaim, hold the Applicant liable to pay the sum of one billion
five hundred and ninety-five million eight hundred and fifty thousand
(1,595,850,000) CFA Francs as damages.
14.The Respondent State also prays the Court to
note that, despite the temporary licenses, BENIN OIL SA and WAF
ENERGY had not imported any petroleum product;
find that PHILIA is not a party to the lawsuit and to dismiss its claim for
compensation;
dismiss the request for payment of the sum of ten billion (10,000,000,000)
CFA francs for additional legal costs;
rule that the new submissions of the parties must remain within the ambit
of the re-opened pleadings.
V.
REPARATIONS
lS.Article 27(1) of the Protocol provides that "lf the Court finds that there has been
violation of a human or peoples' right, it shall make appropriate orders to remedy the
violation, including the payment of fair compensation or reparation".
16.The Court recalls its previous Judgments2 in matters of reparation and reiterates that
in considering claims for compensation for prejudice resulting from human rights
violations, it takes into account the principle that the State recognized as the
perpetrator of an internationally wrongful act has the obligation to make full reparation
of the consequences in a way that covers all the damage suffered by the victim.
2
Beneficiaies of late Norbeft Zongo, Abdoulaye Nikiema alias Ablass6, Emest Zongo, Btaise ltboudo and
Mouvement Burkinabd des Droits de I'Homme et des Peuples v Burkina Faso (Reparation) (2015) 1 AfCLR
2585 20; Lohd /ssa Konat€ v Burkina Faso (Reparation) (2016) 1 AfCLR 346 S 1S.