the right to enjoy its fruits (fructus) and the right to dispose of it, including
the right to sell it (abusus).18
114. In the instant case, the Applicant alleges that the trial judges erred in the
application of the law, which prevented him from owning the property. The
Court however considers that the allegation is baseless insofar as the
Applicant never owned the property given that he cannot lay claim to any of
the three above stated elements of the right to property. It follows that the
Applicant has no basis to allege violation of his right to ownership.
115. The Court, therefore, dismisses the Applicant’s allegation and holds that the
Respondent State did not violate his right to property, protected by Article
14 of the Charter.
IX.
REPARATIONS
116. The Applicant prays the Court to:
i.
Declare that his right to a fair trial before an impartial court was violated
with regard to the decisions of the Respondent State’s domestic courts
ii.
Order the Tunisian state to return to him the property in question, valued
at the price concluded at the first auction.
iii. Order the Respondent State to pay him reparations the not less than 31
Million Euros for damages suffered.
iv.
In the event that it is impossible to return the property, to compensate
him with at least 50 Million Euros for all the damages suffered.
*
117. The Respondent did not submit on reparations.
***
18 African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (2017) 2 AfCLR 9,
§ 124; Sébastien Germain Ajavon v. Republic of Benin (merits) (2019) 3 AfCLR 130, § 264.
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