ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
rights violations, such as rape by its armed forces during the conflict in Darfur, constituted, inter alia, a
violation of Article 531 .
7. The Complainant
therefore concludes that the rape she suffered at the hands of the Respondent State's
soldier is therefore in breach of the obligation to respect the rules of international humanitarian law,
under Article 11(1)of the Maputo Protocol, and to protect civilians, under Article 5 of the African Charter
and Article 11(2).
Alleged Violation of the Right to Property under Article 14 of the African Charter
8. The Complainant
recalls that Article 14 of the African Charter provides that "The right to propertij is
guaranteed. It shall not be infringed except by public necessiti] or in the general interest of the community, in
accordance with the provisions of relevant luios",
9. The Complainant describes that the judgment of 17 October 2008 establishes that Sergeant Chance
committed the war crime of looting, by stealing her and her husband's savings, in the amount of $120,
as well as a radio. She states that although the radio was returned during the proceedings, the savings
were not.
O. The Complainant affirms that the African Commission has confirmed that Article 14 also applies in times
of conflict and that "the Respondent State has a fundamental obligation and responsibility to provide the
conditions and means for the protection of life and propertu, in times of peace as well as in times of unrest and
armed conftict=>. The Commission agreed with the ICTY'sCelibici Judgment that "private property must
be respected and may not be confiscated [...] [and that] looting is strictly prohibited'<' .
1. The Complainant
explains that the taking of her property cannot be justified as having been in the
interest of public necessity or the general interest of the community, nor in accordance with the law, as
demonstrated by the criminal judgment convicting Sergeant Chance of the crime of pillage.
Alleged Violation of the Right to a Fair Trial under Article 7 of the African Charter and the Right
of Access to Justice under Article 8 of the Maputo Protocol