including in particular the right to use, sell, bequeath, mortgage and develop
the land. The Complainant further submits that the violation has lasted for six
years during which, despite having been duly informed of the situation, the
State has not done anything to restore her rights and punish the persons
responsible.
95. While acknowledging that any use in the interest of public need could justify
what she considers as a de facto expropriation, the Complainant submits that
the use in the public interest of such an expropriation has not been proven
and that as such, there was a violation.
Alleged violation of the right to adequate housing, a combined reading of Articles 14,
16 and 18
96. In the alternative, the Complainant claims a violation of the right to adequate
housing by invoking the provisions of Articles 14, 16 and 18 of the African
Charter. In support of this claim, the Complainant argues that by allowing the
destruction of the hut which was meant to provide shelter for her and her
family, the Respondent State violated their right to family life. She further
submits that in general, the right to shelter goes beyond the right to have a
roof over one’s head to include the right to be left alone and to live in peace,
whether under a roof or not. The Complainant contends that as a result of the
repeated trespassing on the land, she was prevented from enjoying a peaceful
family life.
Respondent State’s Submissions on the Merits
Alleged violation of Article 14
97. The Respondent State submits that the case brought by the Complainant
before the Commission is about a dispute between individuals and to which
the State is not a party. In support of this claim, the Respondent State argues
that the inviolable nature of land certificates alleged by the Complainant is
not absolute, since the relevant laws provide for situations where land
registration can be questioned. Among other exceptions, the Respondent
State cites cases of fraudulent land registration and the withdrawal of land
certificates by the Minister of Land Tenure for administrative error or fraud
by the land certificate holder.
98. The Respondent State submits that in order to obtain his own land certificate,
the Complainant’s vendor resorted to fraud which is penalized on several
accounts by the judicial and administrative authorities. The Respondent State
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