ACHPR (~::)'~': , ,~,. .. " >mm) . '" .. African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility The Commission describes how the combined reading of these Resolutions establishes, on the one hand, that any person whose rights and freedoms are violated is entitled to have his or her case heard within a reasonable time by a competent court and, on the other hand, to receive appropriate redress. 13. With regard to the case in question, the Commission notes that the measures put in place by the Defendant State promote the right of access to justice and the right to a remedy for victims of human rights violations. 12. However, the Commission notes incomplete implementation of the right to an effective remedy as stipulated in Article 7 of the African Charter and Article 4(2)(f) of the Maputo Protocol. 14. 15. Indeed, the Commission considers that by failing to Rut in place, in the circumstances of this case, the mechanisms and services required to facilitate the enforcement of the TMO's decision, and more specifically the effective compensation of the victim through his receipt of appropriate reparation for the damage she suffered, the Respondent State has failed to comply with the provisions of the aforementioned articles, as well as with the recommendations made to it by Resolution55. The Commission would also point out that, according to international case law, including that of the ECHR, it is "inappropriate to require an individual who has obtained a claim against the State as a result of legal proceedings to subsequently initiate enforcement proceedings in order to obtain satisfaction"56. Thus, requiring a person to initiate separate enforcement proceedings gives rise to a violation of the right to a fair trial57. The Court added that, instead, "[ijt is for the Contracting States to organize their judicial systems in such a way that their competent authorities can discharge their obligations" to ensure that enforceable judgments are enforced within a reasonable time58. 16. Recalling, moreover, its Guidelines and Principles on the Right to a Fair Trial and Legal Assistance in Africa at their point "P" entitled "VICTIMS OF CRIMINALITY AND ABUSE OF POWER" which stipulates that "(f)Magistrates, prosecutors and lawyers, as appropriate, should respond to the needs of victims: 5) avoiding unnecessary delays in the resolution of cases and in the execution of decisions or 17. Resolution 111(XXXXII)07on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence, adopted at the 42nd Ordinary Session, held in Brazzaville from November 15 to 28, 2007. 56 CEDH, Puleva et Radeva c. Bulgarie (2012), Reg. n036265/05, 14 fevrier 2012, para. 40; CEDH, Metaxas c. Grece (2004), Req. n08415/02, 27 mai 2004, para. 19; CEDH, Bourdov c. Russie (n02) (2009), Req, n033509/04, 4 mai 2009, para, 68. 57 Ibid. 58 CEDH, Bourdov c. Russie (n02) (2009), Req. n033509/04, 4 mai 2009, paras. 68-70, citant CEDH, Comingersoll S.A. c. Portugal [GC], Req. n035382/97, para. 24, CEDH 2000-IV, et CEDH, Frydlender c. France [GC], Req. n030979/96, para. 45, CEDH 2000-VII. ,\IUI"hU A",u CEDH, Cocchiarella c. Italie (2006), Req. n064886/01, 29 mars 2006, para. 89; CEDH, Scordino . ''U...<1·~,f(i{°1)1''(19%)i,Req. ,",.~l.~ < n036813/97, 29 mars 2006, para. 198. J~? . ~. 55 An O!gan of the AfriGand~» Union '~J. Page 24 on 32