53.
Similarly, this right is provided for in Article 2(3)(a) of the ICCPR, Article
8 of the UDHR, Article 8(2)(h) of the American Convention on Human
Rights and Article 2 of Protocol No. 7 to the European Convention.
34.
These standards, on the one hand, recognize that everyone has the right to
bring his/her case before a competent court in the event of a violation of
his/her fundamental rights and, on the other, impose an obligation on States
to create effective structures so that citizens can defend their fundamental
rights in the event of a violation.
55.
Regarding this right, this Court wrote in the case AGRILAND CO. LTD. v.
REPUBLIC OF COTE D'IVOIRE, Judgment No. ECW/CCJ/JUD/07/15,
that: "(...) It can be deduced from these provisions that the right to an
effective
remedy
before
the national
courts
implies
the opportunity
available to everyone to defend their case before the national courts, which
presupposes that the State must establish effective and efficient judicial
structures before which every citizen can defend their case." (See §50).
56.
Likewise, this Court in the case, MONSIEUR
AND
MONSIEUR
ISSIAGA
BANGOURA
IBRAHIM SORU TOURE
v. LA
REPUBLIQUE
DE
GUINEE, Judgment No. ECW/CCJ/JUG/03/16, § 87 stated that: “(...) That
an effective remedy is one that allows its author not only to present his
petition to the competent authority (judicial or administrative), but also to
obtain from it a decision that can be concretized in the facts.” (See also
case AMINATA DIANTOU DIANE v. REPUBLIC OF MALL, Judgment No.
ECW/CCJ/JUD/14/18, para. 42).
37.
Therefore, it is this Court’s understanding that the right to an effective
remedy is one that allows the Applicant not only to seize the competent
authority (judicial or administrative), but also to obtain from it a decision
materialized in the facts.
15
aS