strict terms. We uphold this maxim but state that the question is not however
whether every right has a remedy, but whether every right should have one.
In
Remedies in International Human Rights Law by Dinah Shelton page 62
States generally particularly in Europe accept liability for right to remedy for
injury done by the state or state agents and we quote verbatim this maxim thus:,
" actes de gestion prove (private acts) Actes de puissance publique (public
acts) have incurred state responsibility ..." and consequently,
damages.
payment of
This Court awarded compensation for violations of human rights in
cases lodged before the Court inter alia thus: Manneh v. Republic of the Gambia
2009 CCJLR Pt 2 page 116; Musa Saidykhan v. Republic of the Gambia suit
no ECW/CCJ/APP/11/07 dated 16TH December, 2010, whereby this Court
awarded US$200000. Damages payable are quantified in different ways but in this
case what the applicants are claiming is the amount of losses for their goods as
stated in this case against the Respondent/defendant, as compensation-see Frank
Gahan, on The Law of Damages (1936). Considering all the submissions made, the
materials annexed to the application, the reply to same and the analysis stated
above including the jurisprudence on international law on the 'state responsibility '
and the guarantee on the rights to property by Article 14 of the said African
Charter on Human and Peoples' Rights, we hold that the claim for damages is
justifiable and the Respondent/Defendant shall pay damages as compensation in
the sum of one hundred and forty-seven million, one hundred and forty-six
thousand, five hundred and sixty-four. CFA (XOF 147.146, 147) only;
43. DECISION
1. Whereas the Applicants brought a claim against the defendants for violation of
-
their human rights in respect of their property, contained in the trailer No D-7218M3 and D-7219-M3 which two police constables in police uniforms
in Ghana
diverted and sold off to an unknown person but refused to reveal his identity;
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