The question to determine now is whether the Applicants in the instant
case are victims within the meaning of Article 10(d) of the Protocol and this
leads the Court to determine who is a victim of Human Rights violation. The
Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Survivors of Violation of International Human Rights and Humanitarian
Law, was defined in
GA Res 60/147,pmbl, Sec IX, UN Doc
A/RES/60/147(March 21, 2006), defines:
“ A victim is anyone who suffers individual or collective harm (
or pain) such as physical or mental injury, emotional suffering,
economic loss or generally any impairment of Human Rights as
a result of acts or omissions that constitutes gross violation of
Human Rights or serious violations of Humanitarian Law norms”
As noted above, it is without doubt that the 32nd Applicant is not victim
within the meaning of the definition of who is a victim for the purpose of
Article 10(d). However, the Court notes that it endorses on the face of the
Application that it is coming before this Court in a representative capacity.
The 32nd Applicant having endorsed its claim in a representative capacity, it
behooves on it to establish by a credible documentary evidence by way of
a Letters of Administration or an Authority to show that it has the capacity
to represent the estate of Ebrima Solo Sandeng as the deceased Personal
Representative. In the absence of this evidence the action fails. To date
there is no evidence before this Court to show that the 32nd Applicant in this
suit has the capacity required by law to represent the Estate of Ebrima Solo
Sandeng (deceased) as his Personal Representative for it to institute this
action. On this note, the action of 32nd Applicant fails See the case of the
Trustees Jamaa’ a Foundation & 3Ors vs. The Federal Republic of
Nigeria& ors. ECW/CCJ/APP/26 /13.
Decision
For the reasons stated above, the Community Court of Justice, sitting in
public after hearing the parties, and their submissions duly considered in
the light of the provisions of the African Charter on Human and People’s
Rights, as well as the Supplementary Protocol of the Court and the Court’s
Rules of Procedure, hereby declares as follows:
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