herein, the Magistrate
who made the order
remanding
plaintiff in
Kirikiri maximum prison was not competent to try the allegation on the
charge sheet, and the holding
charge ceased to be effective in law
because of that int1ux of time. Furthermore
it is the position in law that
the said process was not meant to keep the plaintiff perpetually
custody but to be tried by an appropriate
court thereby
in
making the
process legal and competent.
56.
No Court would allow such prolong
detention
to continue
abating same. For that reason, the said detention
illegal
and
this
requirements
Court
holds
the
is hereby adjudged
plaintiff
has
satisfied
of proof, as per his claim, that his human
violated upon pursuant
In the circumstance,
the
right was
to Article 9(4) of the Protocol of this Court as
amended by the Supplementary
57.
that
without
Protocol of
2005.
the facts of this case have been shown as stated
above that the defendants violated the human rights of the plaintiff as
adjudged above in this case as per the reasons stated therein.
DAIVIAGESjCOMPENSATION
58.
In respect to the award of damages in paragraph
2
of the pleadings, it is
well established principle of law that damages are generally awarded to
place the claimant
in the I?osition he/she
would have been, had the
friction complained of not taken place. As always it is trite that remedies
arc payable in international
Law where the Court has found for the
pl<.li,l# iff who complained that his human rights has been violated
by the defendant.
Dinah Shelton
page
In 'Remedies
214,
in International
Human
she observed that 'the primary
upon
Rights' by
function
of
corrective justice is to rectify the harm done to a 'victim of wrongdoing
and corrective justice generally aims at restitution
or compensation
for
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