127. On the other hand, and despite these legal measures, the Respondent State
argues the fraud within its administrative system to contest the land
certificate obtained by the Complainant in full compliance with the
regulations in force. In any case, with the full knowledge of the authorities of
the Respondent State and, in part, through their direct intervention, the
Complainant was unable to achieve the ultimate result of enjoying her rights.
Under such circumstances, the Commission notes that the State failed in its
obligation of result under Article 1 of the African Charter. As such, the
Commission concludes that Article 1 of the African Charter has been violated.
Prayers of the Complainant
Request to find a violation
128. In the light of the foregoing, the Commission concludes that there is a
violation of Articles 1, 14, 16 and 18 of the African Charter and, by
implication, the right to adequate housing.
Reparation
129. Regarding reparation, the Complainant requests for the restoration of the
plot of land or a financial compensation as a result of the loss of her right to
property, the land and related rights and corresponding to the market value
of the property in question. In addition, she requests for the refund of the
expenses incurred in buying and developing the property, as well as
compensation proportionate to the gravity of the violations of the rights
guaranteed by the African Charter.
130. Regarding the request for reparation, the Commission notes that in
accordance with its jurisprudence, a violation of the rights protected under
the African Charter leads to reparation, including financial compensation.37
Since the Commission has concluded that there was a violation of the
abovementioned provisions of the African Charter, it will then consider the
requests for reparation.
131. Regarding the request for restoration or compensation, the Commission
notes that restoration remains the ideal since reparation addresses the need of
restitutio in integrum which requires restoring the victim to the original
situation before the violation. However, where restoration is impossible or
See Good v. Botswana op. cit. para 245; Antoine Bissangou v. Congo Communication 253/02 (2006) AHRLR
80 (ACHPR 2006); Embga Mekongo Louis v. Cameroon Communication 59/91 (2000) AHRLR 60 (ACHPR
1995) para 2.
37
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