ACHPR (...~CHP~\ r J African Commission on ; '. Human Rights our Collective Responsibility I GnU) ~ Human and Peoples' Rights Noting in the present case that the Respondent State has not paid the victim the damages decided and awarded by judgment, the Commission concludes that this non-enforcement infringes the victim's right to property. 23. 24. Consequently, the Commission finds a violation of Article 14 of the African Charter. On the Alleged Violation of Article 1 of the African Charter The Commission recalls that Article 1 of the African Charter provides that "Member States of the Organization of African Unity, parties to the present Charter, shall recognize the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative orother mea.~ures to give effect to them". 25. 26. The Commission notes, in light of the information provided by the Complainant in this Communication, that the mechanisms established by the State Party for the enforcement of court decisions and payment of compensation to victims are not favorable to the latter and do not facilitate their prompt entry into and enjoyment of their rights. In view of the foregoing, the Commission concludes that the Respondent State has failed in its duty to put in place legislative or other measures conducive to the implementation of the rights, duties and freedoms guaranteed by the African Charter. 27. 28. The Commission therefore recognizes the violation of Article 1 of the African Charter. On the Reparations Requested On the enforcement of the OMT judgment $10,000 decided by the OMT judgment by the payment of compensation in the amount of 29. Reparation for harm suffered as a result of human rights violations is an obligation under international law. This obligation, which is enshrined in the various international human rights instruments, requires the State to prosecute the perpetrator of the violations and then any perpetrator other than the State to make reparation for the harm suffered by the victim or his/her survivors. In other words, by ratifying international instruments, States undertake the duty to create the conditions for the enforcement of the right to reparation to victims. Page 26 on 32