The Court notes that though the Applicant has not made any submissions in
support of the contention that Article 1 of the Charter was violated by the
Respondent State, the Court will however exercise its discretion to consider
whether this Article has been violated. Article 1 of the Charter places
responsibility on all States Parties to take legislative and other measures to
ensure that rights in the Charter are respected.
66. In the instant case, the Court has found the Respondent State in violation of
several rights contained in the Charter, which means that the Respondent State
did not take measures to ensure that the rights in the Charter are respected. The
violation of the abovementioned rights therefore brings about the concurrent
violation of Article 1 of the Charter. The Court therefore finds that the
Respondent State has violated the provisions of Article 1 of the Charter.
ISSUE NO 4
67. Whether in the light of the facts and evidence adduced the Applicant is
entitled to the reliefs sought.
It is an established principle recognised in international law, which has been
reiterated by the African Commission on Human and Peoples’ Rights and
the African Court on Human and Peoples’ Rights, that when a State has
violated the rights of an individual as enshrined in the Charter, it should
“take measures to ensure that the victims of human rights abuses are given
effective remedies including restitution and compensation.” See
Communications 279/03 and 296/05 Sudan Human Rights Organisation and
Centre on Housing Rights and Evictions (COHRE) v Sudan, Twenty Eighth
Activity Report: November 2009-May 2010 para 229 (d); Reverend
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