E. Alleged violation of the right to enjoyment of rights and freedoms
107. The Applicants allege that not only did the Respondent State “forcibly take
over” their land by preventing them from developing or selling it, but that it
also refuses to pay the compensation awarded them by the courts after all
attempts to evade the obligation to pay the said amount had failed. They
argue that such conduct amounts to a violation of Article 2 of the Charter.
*
108. The Respondent State submits that in return for expropriation of their lands,
the Applicants obtained a court decision granting them fair compensation of
Eight Hundred and Twelve Million Four Hundred and Eighty-Eight Thousand
(812,488,000) CFA francs. For the Respondent State, the Applicants had
full latitude to enforce the court decision rendered in their favour insofar as,
on 18 February 2019, they carried out seizure-attachment on AGEF’s
accounts. The Respondent State prays the Court to dismiss the Applicants’
request.
***
109. Article 2 of the Charter provides that:
“Every individual shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the present Charter without
distinction of any kind such as race, ethnic group, colour, sex,
language, religion, political or any other opinion, national and social
origin, fortune, birth or other status.”
110. The Court recalls that, as it has previously held, Article 2 of the Charter
strictly proscribes any distinction, exclusion or preferential treatment based
on race, colour, sex, religion, political opinion, national or social origin which
has the effect of nullifying or impairing equal opportunity or treatment in the
enjoyment of rights. The Court has also held that the right not to be
27