p.CHP/i
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,
Human and Peoples' Rights
Human Rights our
Collective Responsibility
further claims that the Communication denounces facts relating to serious violations of rights protected
under the African Charter on the territory of the Respondent State.
7. Concerning the requirements
of Article 56(3), the Complainant also argues that its Communication is
written in a respectful language and thus meets the requirements of the African Charter.
8. The Complainant further argues that the present Communication complies with the requirements of
Article 56(4) of the African Charter, adding that the facts recounted in its Complaint are contained in
various reports issued by non-governmental organizations and the United Nations, and the annexes to
the Communication include, in addition to the Complainant's statement, the official judgment of the
OMT of North Kivu, the copy of the letter addressed to the Governor of North Kivu and the notification
order issued by the Registrar of the OMT.
9. On the requirement of exhaustion of local remedies as required under Article 56(5), the Complainant
states that she has exhausted all local remedies. She submits that in the present case the State has been
served with the judgment of the OMT and that beyond the notification, local remedies to enforce the
judgment are unavailable, ineffective and insufficient.
o. The Complainant further argues that in this case, the requirements of Congolese law go well beyond the
"cooperation of the creditor" that is strictly necessary for the State to be able to pay the debt determined in
the judgment, such as providing bank details. Instead, under Congolese law procedures, it is up to the
individual to act to force implementation by the State.
1. The Complainant further avers that the State has had ample notice of the alleged violations; first through
the Complainant's 2008 Complaint, and then through its proceedings against Sergeant Chance. The
courts issued the compensation order in November 2008, and the Registrar notified the Executive of its
obligation to pay the amount determined in the judgment on 17 October 2013;the State was thus given
ample notice not only of the violations, but also of its own liability.
2. The Complainant
indicates that enforcement under these procedures is essentially discretionary, as
Congolese law prohibits the seizure of government property, which means that the victim must rely on
the goodwill of the government to voluntarily enforce reparation obligations. In support of her
arguments on this point, the Complainant cites the Commission's decision in Bissangou v. Congo',
3
Communication 253/02 - Bissan
All Organ of Ihe
African
Union
~'t:~
._,.v.
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