91. Consequently, the Court finds that the Respondent State violated the
Applicants’ right to enforcement of a court decision guaranteed under Article
7(1) of the Charter.
C. Alleged violation of the right to dignity and the prohibition of all forms of
degradation
92. The Applicants contend that the Respondent State’s imposition of numerous
impediments to the payment of their legally recognized and judicially
adjudicated rights undermines their dignity. They further contend that the
Respondent State’s conduct is a form of degradation and moral torture
against them, as they find the situation very traumatizing and depressing.
For the Applicants, the non-enforcement of the decision of 9 April 2009 for
more than 13 (thirteen) years is a form of moral torture and an assault on
their dignity. They claim that some of their family members died during the
very long wait.
*
93. The Respondent State denies any violation of the Applicants’ right under
Article 5 of the Charter. It argues that the Applicants cannot hold the
Respondent State responsible for the alleged violations of their dignity
instead of AGEF, which only resorted to legal procedures to challenge a
judicial decision.
***
94. Article 5 of the Charter provides as follows:
“Every individual shall have the right to the respect of the dignity
inherent in a human being and to the recognition of his legal status. All
forms of exploitation and degradation of man particularly slavery, slave
trade, torture, cruel, inhuman or degrading punishment and treatment
shall be prohibited.”
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