The Commission's findings on remedy
218.
The Complainants submit that the Commission grants remedies that will
not only restitute, compensate and rehabilitate the victim, but also satisfy and
guarantee non-repetition of the violations. They pray that the Commission grant
the victim compensation to the tune of USD$ 20 000 for violations of the Charter
and Maputo Protocol as well as USD$50 000 to cover her medical, psychological
and material assistance. They also pray for the Commission to recommend to the
Respondent State investigate, prosecute and punish the perpetrators of the
violations.
219.
The Respondent State contends that the Complainants did not justify their
claim for the victim's compensation. They pray that the Commission defer the
inquiry on reparations and invite the parties to make written submissions. They
also pray for the Commission to recommend the Complainant to institute a civil
claim in the courts of the Respondent State.
220.
The Commission notes that it has already decided on the alleged violations
of the articles, therefore there is no need to revisit that. Regarding the prayers for
compensation and damage, the Commission associates with the views of the
Respondent State that the Complainant has made no substantive submissions to
merit an award of compensation in the present circumstances. It is the
Commission's firm view that it is incumbent upon the Complainants to cogently
motivate and justify the victim's claims. However, given that the Commission
finds merit in the Complainant's claim, it considers that a financial award for
compensation and damage is indeed in order, however the Commission is not in
a position to determine the amount to be awarded in the present circumstances.
221.
The Commission considers that the Respondent Sta, . fun
consideration of the subject of remedies is one that is not founded in ~hi
of Procedure. The Respondent State has erroneously referre "to Rul
2020 Rules of Procedure, which on account of the Interna ·
retroactivity, are inapplicable to the present case. H
acknowledges the validity of the Respondent's State o
on to be made on the remedies.
58
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