Executive Council Decision 344(X).47 In its subsequent established
jurisprudence, the Commission has reaffirmed this period for the
implementation of its recommendations in order to guarantee the right to
effective reparation.48
146. In this case, the Commission is of the view that in the event where the
assessment of the sales value for the purpose of compensation is not
concluded within six months following the present decision, it will be
considered following a reasoned submission from the Complainant. If the
need arises, the procedural rights of the Respondent State will be guaranteed.
Subsequent damages
147. Considering the evidence submitted and in light of the foregoing, material
damage in the amount of 9,000,000 CFA francs is granted and is to be paid
insofar as the Complainant presents the necessary supporting evidence for
the fees claimed from the Respondent State following the notification of this
decision. The financial compensation of 15,391,460 CFA francs as a result of
the deprivation of enjoyment and use of the property has been sufficiently
proven by the Complainant, and assessed on the basis of the regulations in
force in the competent regional financial institutions, in particular the Bank of
Central African States. As such, the Commission accedes to this request.
148. Regarding non-material damage, the Commission notes that following the
expulsion of the Complainant’s husband, his family was deprived of the right
to enjoy a property which was nevertheless bought in full compliance with
the regulations of the Respondent State. This situation inevitably led to
frustration which turned into uncertainty when the several attempts to seek
the relevant remedies were frustrated by the authorities of the Respondent
State as the Commission concluded at the admissibility stage.
149. The Complainant’s uncertainty and frustration have lasted for close to
seven years, and the violation has continued as a result of the Respondent
State’s refusal to take the necessary measures to restore the Complainant’s
rights. Considering the nature of the right in question, the project undertaken
by the Complainant and her family and the circumstances of the case, the
Commission is of the view that 5,000,000 CFA francs is not an exorbitant
amount, and as such accedes to this request.
See Executive Council Decision on the 21st Activity Report of the African Commission on Human and
Peoples’ Rights – Doc EX.CL/322(X) AU Doc EX.CL/Dec.344(X) Tenth Ordinary Session, 25-26 January
2007.
48 See, among others, Zimbabwe Lawyers for Human Rights and Another (Meldrum) v. Zimbabwe (2009)
AHRLR 268 (ACHPR 2009); Lawyers for Human Rights v. Swaziland (2005) AHRLR 66 (ACHPR 2005).
47
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