ffiftrr
5. The violation established by the Court in this case does not concern
a
fundamental3 oi- intangible human r"ighta. Moreover, there has not been a cas,cade of
violations in this case. The only violation established by the Court was not decisive in
terms of the lawfulness of the proceedings against the Applicant for the crime of rape
of a 10-year-old girl. The court expressly says so in paragraph 84:
i
6. According to the Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Gross Violations of lnternational Human Rights Law and
of International Humanitarian Laws, restitution ,r'ir' forrn of
reparation seeks to restore the victim to the original situation before the gross
Serious Violations
O
violations of international human rights law or serious violations of international
humanitarian law occurred, and includes: "resforation of tibefty, enjoyment of human
rights, identity, family life and citizenship, return to one's place
of residence,
restoration of
employment and return of property'o.
7- The Permanent Court of lnternational Justice has pointed out that "tt is o principte of
internationol low thot the reparation of a wrong moy consist in an indemnity corresponding to the
domoge which the notionols of the iniured State hove suffered as o result of the oct which is controry
3
According to the generally accepted meaning, "Fundomentol rights refer to att the essential subjective rights
of the individuol thot ore protected within the rule of law ond democrocies. Fundomentol rights are olso colled
fundamental freedoms,
o
ond ore inherent in the very notion of
individuol,, https://droit-
finances.commentcamarche.com/faq/23746-droits-fondamentaux-dehnition.
ln the context of the European Union, the notion of fundamental right has been enshrined in The Charter
of
Fundamentol Rights of the Europeon tJnion which was signed and proclaimed by the presidents of the
European Parliament, the Council and the Commission at the Nice European Council on 7 December 2000.
See
L. Bu rgorgue-Larsen, A. Levade, F. Picod (eds.), Treaty Estoblishing a Constitution
for Europe. part ll. The
Chorter of Fundamental Rights of the Europeon Union - Article by Article Commentary, Brussels, Bruylant,
2005, page 837.
4
ln international human rights law, intangible rights are those excluded by Article 4 of the lnternational
covenant on Civil and Political Rights (lccpR) from any derogation, namely:
' Right not to be discriminated against based solely on race, color, sex, language, religion or social origin
(Article 4 (1) ICCPR)
. Right to life (Art 6. ICCPR)
' Right not to be subjected to torture or to cruel, inhuman or degrading treatment (Article 7 ICCpR)
. Right not to be held in slavery or servitude (Articles g (1) and 2 tCCpR)
'Right notto be imprisoned merely on theground of inabilitytofulfil a contractual obligation (Article 11
rccPR)
. Right not to apply criminal law retroactively (Article 15 ICCpR)
. Right to be recognized as a person everywhere before the law (Article 16 lccpR)
. Freedom of thought, conscience and religion (Article 1g ICCPR).
s
Basic Principles and Guidelines on the Right to o Remedy and Reparation
for Victims of Gross Violations of
International Human Righ* Lm,t and Serious Violations of International Humanitarian Lnv; 60/147 Resolution
adopted by the General Assembly on
6
l6 December 2005
Principle 19
3[Page