121.
Furthermore, Article 66(2) of the Rules of Procedure provides that “The
unsuccessful party shall be ordered to pay the costs if they have been
applied for in the successful party's pleadings”.
122.
On the basis of this provision, the Defendant not having made a statement
throughout these proceedings, and the Applicant not having proved the
violation of all the rights it claims were violated by the Defendant, the
Court decides that each party shall bear its own costs.
ATT. OPERATIVE CLAUSE
123.
For these reasons, the Court held a public hearing and having heard the
applicant:
On Jurisdiction
i. Declares itself competent to hear the Application.
On the Admissibility:
ii. Declares the application admissible.
The merits of the case:
i.
Declares as established the violation of the right to a remedy and
access to justice.
ii.
Declares as not established the violation of the right not to be subjected to discrimination based on gender.
iii.
Declares as established the violation of the right not to be subjected
to inhuman and degrading treatment.
32