a) an amount of 152,076,556 (one hundred and fifty-two million seventy-six
thousand five hundred and fifty-six) CFA francs corresponding to the
appreciated market value of the property;
b) an amount of 9,000,000 (nine million) CFA francs for material damages, to
cover architect and builder fees; the destruction of the hut, the survey
beacons, the perimeter wall and materials; various expenses as a result of
loss of income, travel costs and other expenses;
c) a financial compensation of 15,391,460 (fifteen million three hundred and
ninety-one thousand four hundred and sixty) CFA francs as a result of the
deprivation of enjoyment and use of property; and
d) a compensation for non-material damages assessed at 5,000,000 (five
million) CFA francs for the feeling of uncertainty and frustration as a
result of the fact that the authorities prevented the enjoyment of the right
to property for a long time.
139. In the light of the findings and conclusions on reparation and its
assessment, the Commission notes that the sequence described by the
Complainant is in conformity with the relevant international law and
practice. As such, the Commission will then consider each of the requests in
detail.
Primary damage: sales value of the plot of land
140. Regarding the primary damage, the compensation of 152,076,556 CFA
francs requested by the Complainant for the sales value of the plot of land is
calculated on the basis of the total acquisition cost of 50,692,185 CFA francs
multiplied by a coefficient of 2.5% to which is added the cost of buying a
similar or an equivalent property at the market value. Regarding the total
cost, it is obtained by adding the purchase price, the land transfer fees paid to
the State, the fees and disbursements paid to the notary, the cost of the bank
loan, as well as the fees and commissions paid to the lawyer and to third
party intermediaries.
141. The Commission is of the view that with this breakdown, the assessment
of the total cost of the plot of land is based on objective criteria of which the
calculation coefficients and tangible proof were provided by the
Complainant. It should be noted that a primary damage of 50,692,185 CFA
francs has to be placed on the Respondent State.
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