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African CommiSSion, or~
Human and Peoples Rights
Human Rights our
Collective Responsibility
36. The Commission recalls that, as stated in the BasicPrinciples and Guidelines on the Right to a Remedy
and Reparation for Victims of Gross Violations of International Human Rights Law and Serious
Violations of International Humanitarian Law, the right of victims includes "adequate, effective and
prompt reparation (...) for violations found".
37. Therefore, in the present Communication, the Commission recognizes the Complainant's right to
effective redress and more specifically her right to compensation in the amount of $10,000 decided by
the OMT judgment and considers that this claim is well-founded.
On the Enforcement of the OMT Judgment through the Restitution of the $120 decided by the
OMT judgment
38. The Commission recalls the content of the obligation to compensate for damages suffered and its
constituent principles listed above.
39. The Commission also recalls its General Comment No.4 which states that "Restitutionarv measures
should, taking into account the specificities of each case, seek to restore the situation that existed before the violation
was committed (...)".
The Commission notes from the submissions that the Complainant was the victim of theft of her
savings and those of her family in the amount of $120.The Commission also notes that the restitution of
the stolen savings was ordered by the judgment in question; and notes, however, that the stolen savings
were not actually returned until the submission of the present Communication to the Commission.
40.
Recalling the case of Mbiankeu v. Cameroon= in which the African Court noted that "loss of property
may be remedied by (...), including the return of the original property, the provision of property of a
similar nature, or compensation in the amount of the repurchase value of the property", the
Commission, supporting international jurisprudence, confirms the obligation of restitution on
recognized perpetrators of human rights violations.
41.
In light of the above, the Commission accepts the legitimacy of the prayer to return the savings of
$120 to the victim and her family and grants her prayer.
42.
All Ofgan of fhe
African a'\l)
Union
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