INVESTMENT LIMITED vy. PESIDENT OF THE COMMISSION & ANOR, DECISION
No. ECW/CCITUD/OIA8.
(2016) CCJELR PAGE 605).
MERITS
50.
The Court will now proceed to examine the alleged violation to determine
whether the allegations contained therein are well-founded.
a) The alleged violation of the right to a remedy and access to justice
51.
The Applicant claims that in the context of the 2018 presidential elections
in Sierra Leone, she was supporting Mr. Samura Kamara, candidate of the
All Peoples Congress party for the presidential elections; that on April 5,
2018, it was announced that Mr. Julius Maada Bio had won the elections,
that on the same day while she was working on her farm, it was invaded by
several young men who took her and her relatives hostage, brutally raped
her in the presence of her children and relatives, who after the rape, dragged
her on the ground and took her to the village of Nyanyahun, where she was
rescued; that she reported the incident to the police and also sought medical
attention; that doctors had to remove her uterus to save her life and that
there has been no effective investigation to date.
The Court’s Analysis
52.
The right to an effective remedy is guaranteed in Article 7 (1) (a) of the
African Charter which states that: “J. Every individual shall have the right
to have his cause heard. This comprises:
(a) the right to an appeal to competent national organs against acts of violating
his fundamental rights as recognized and guaranteed by conventions, laws,
regulations and customs in force; ”
14