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ACHPR
1
I
.
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
judgments granting reparation to victims", read in conjunction with Article 8 of the Maputo Protocol,
the Commission finds that the Respondent State has failed in its obligation to provide effective assistance
until effective reparation for the violations suffered by the victim.
18. However, the Commission finds no evidence to suggest that the Respondent State has failed to take
any measures to "promote and ensure, through teaching, education and dissemination, respect for the
rights and freedoms" protected by the African Charter and the Maputo Protocol.
The Commission therefore concludes, in accordance with itsjurisprudence59, that there has been no
violation of article 25 of the Maputo Protocol, and that the Respondent State has violated articles 1 and
7 of the African Charter and articles 4(2)(f)and 8 of the Maputo Protocol.
19.
On the alleged violation of the right to property under Article 14 of the African Charter
Article 14 of the African Charter provides that "The right to property shall be guaranteed. It shall not be
infringed except by public necessibj or in the general interest of the community and in accordance with the
provisions of appropriate laws".
20.
The Commission recalls that in Bissangou v. Congo, it stated that "Monetary compensation awarded
by 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's? .
21.
Thus, the Commission established that the failure of a State to pay compensation awarded by a court
decision constitutes a violation of Article 14 of the African Charter and thus of the victim's right to
property.
22.
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