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African Commission on
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Human and Peoples' Rights
Human Rights our
Collective Responsibility
drawing on the jurisprudence of the ECtHR under Article 1 of Protocol No. 1 to the European
Convention on Human Rights, the African Commission held that "monetary compensation awarded in
a judgment which has acquired the authority of res judicata must be considered as property.
Accordingly, the Respondent State's unmotivated refusal to honor the final judgment in favor of the
Complainant impeded the enjoyment of her property?'.
7. Consequently, the Complainant
claims to have been the victim of a violation of Article 14 of the African
Charter.
Alleged Violation of Article 1 of the African Charter
8. The Complainant submits that all the violations denounced in this Communication demonstrate the
failure of the Respondent State to put in place a system that would allow for the effective enforcement
of court-ordered compensation awards in cases involving serious human rights violations for which it
is responsible. Thus, it is in violation of Article 1 of the African Charter, which provides that "Member
States of the Organization of African Unity, parties to the present Charter, shall recognize the rights, duties and
freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them ".
9. The Complainant asserts that the submissions in the Initial Complaint of November 2014show how the
legislative and practical environment in the Respondent State creates almost insurmountable obstacles
to the enforcement ofjudgments including complex procedures, exorbitant fees and corruption resulting
in non-payment of many, if not all, of the compensation awards ordered by the courts.
00. The Complainant describes that in order to give effect to the rights to an effective remedy, a fair trial
and to property, States must employ all appropriate means and organize their legal systems in such a
way as to ensure the enforcement of such court orders'<. Thus, to avoid recurrence of violations,
including under Article I, the Complainant asserts that the Respondent State should reform its
legislation and practices to ensure prompt payment of court-ordered compensation awards against it.
Respondent State's Arguments on Merits
African Commission, Bissangou v. Congo, Comm. No. 253/02, para, 76.
Human Rights Committee, Horvath v. Australia, Comrn. No. 1885/2009, CCPR/C/llO/D/1885/
par_as.8.5 and 8.8.
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