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defendant to collaborate with Euskalduna and award the vessel to same. with
respect, that position is untenable at law. The defendant was not under any legal
obligation to try and resolve a matter that had been decided by a court of
competent jurisdiction, through diplomatic channels. In any case, the dispute at
hand was one between plaintiff and Euskalduna and not between plaintiff and the
defendant.
71. The plaintiff pleaded that it was the defendant who sold their vessel, but
defendant denied it. Thus the plaintiff assumed the burden of producing evidence
since they asse1ied the affim1ative of the issue. However, there was no evidence
adduced at the hearing that the defendant sold the vessel. The fact that a court in
defendant's te1ritory awarded the vessel to Euskalduna did not per se make the
defendant culpable. It was an order made in proceedings regularly conducted
between two private companies to which the defendant was not a pmt-y before a
court of competent jurisdiction.
DECISION
72. On the preliminary procedure, the Court concludes that it is not a requirement
of its texts to exhaust local remedies before an application could be filed before it
in human rights cases. The court also decides that the acts of officials of the
defendant are not subject to Article 10(c) of the amended Protocol. The court
further decides that Article 10(d) of the 1991 Protocol, as amended, is not open to
corporate bodies as victims of human rights abuse; that is open to only human
beings.
'
73. In respect of the substantive issues,
Whereas the Court has found that the plaintiff and Euskalduna de Pesca were the
parties that contested all the proceedings before the Senegalese courts;
Whereas the vessel \vas not awarded to the defendant herein;
Whereas it was the plaintiffs failure to respect the decision of the Marine
Merchant that eventually led to the final decision depriving them of the ownership
of the vessel;
Whereas the plaintiff was heard in the last proceedings;
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