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(1~"P~\ AC H P R ,.. J rrrrrro 55. , African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility In the present case, the Complainant requests the Respondent State, through the Commission, to put in place guarantees of non-repetition of violations, including legislative and institutional measures to enforce court decisions. Recalling its Resolution ACHPR/Res.139(XXXXN)08 on the Human Rights Situation in the Democratic Republic of Congo (DRC)68in which it condemned the actions of the State Party and called on all stakeholders to adopt measures to put an end to the serious violations of human rights, the Commission considers that the victim's request is legitimate and consistent with her right to reparation. 56. Decision of the African Commission on Human and Peoples' Rights on Merits 57. In view of the above, the African Commission on Human and Peoples' Rights: a. Declares that the Democratic Republic of Congo has violated articles 1, 7 and 14 of the African Charter and articles 4 (2)(f) and 8 of the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol) in the present case; b. Declares that the Democratic Republic of the Congo has not violated article 25 of the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol); c. Notes that the final decision handed down by the Congolese courts has recognized the violation of article 5 of the African Charter, article 4 (1) of the Maputo Protocol, articles 2 and 18 (3)of the African Charter, article 2 of the Maputo Protocol, article 11 of the Maputo Protocol and article 14 of the African Charter; d. Calls on the Respondent State to take the necessary measures for the effective execution of its OMT judgment, namely: 1. Life imprisonment and the resignation of Sergeant Shombo Chance from his duties in the army and to inform the Complainant; 11. Payment of the $120 savings; iii. Payment of damages of $10.000; e. Requests the Respondent State to: II. Pay interest at the rate of 6% on the amounts ordered by the OMT judgment; iii. Put in place measures to guarantee the non-repetition of violations, starting with the establishment of the legislative and institutional framework necessary for the romotion and \\ \\U~..i~~ I .t;~'O ~(.i 1\1\11\1" ..o( ~0 68 Resolution on the Situation of Human Ri hts in the Democratic Re ublic of Con 0 DRC - ACe, .. <:P '?~" R . 39,v-..,v"V.Tt Page 31 on 32 0.0

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Communication 502/14 - The S.A. (represented by REDRESS) v. DRC

ACHPR Decision

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Type of Document

Decision

Keywords

Damages and Compensation
Implementation of Decisions
Maputo Protocol
Right to Fair Trial
Right to Property

Case Head Notes: In 2008, the Complainant was raped by Sergeant Chance. Sergeant Chance also stole a radio and forced the Complainant's husband to give him $120. Sergeant Chance was arrested by the FARDC, and he was charged with rape and extortion. In 2008, the North Kivu OMT issued a judgment sentencing Sergeant Chance to penal servitude for life, and ordered the reimubursement of the $120, the return of the radio, and ordered the Respondent State to pay $10,000 in damages. Despite following up with the OMT Registrar, and the Office of the Governor of North Kivu, the Complainant states that, at the time of filing the present application, neither she nor her legal representatives had received a response. While the stolen radio was returned to her during the proceedings, she had not received either the $120, or the $10,000 in damages. The Complainant further states that the obstacles are not unique to her case as she states that none of the 31 women raped by FARDC soldiers and rebels across several provinces had received payment of any court-ordered compensation. The Commission found a violation of Article 7 of the Charter, and Article 4(2)(f) of the Maputo Protocol, because, on account of the failure to pay the Complainant, the implementation of the right to an effective remedy was incomplete. They further note that it is inappropriate to require an individual, who has obtained a claim against the state, to subsequently have to initiate enforcement proceedings in order to obtain satisfaction. They note that this also violates Article 8 of the Maputo Protocol. The Commission found a violation of Article 14, recalling that monetary compensation awarded by a judgment must be considered as property. Therefore, the failure to pay compensation, awarded by a Court decision, violated the right to property. The Commission found a violation of Article 1 and stated that the Respondent State had failed in its duty to put in place legislative or other measures conducive to the implementation of the rights and freedoms guaranteed by the African Charter. The Commission found no violations of Articles 2, 5, and 18(3) of the African Charter, and Articles 2, 4(1) and 11 of the Maputo Protocol because they stated that the Respondent State's Court had already recognized these violations. The Commission called on the Respondent State to take the necessary measures for the effective execution of the OMT judgment, including: Life imprisonment, and the resignation of Sergeant Chance from his duties in the army, and reimbursment of the stolen $120, and payment of $10,000 in damages to the Complainant. They further requested the Respondent State to pay interest at a rate of 6% on the amounts ordered by the OMT judgment, to put in place measures to guarantee the non-repitition of violations, and to report on the measures taken to implement the recommendations.

Country

Democratic Republic of Congo

Outcome: Decided on Merits

Year Decided: Aug 2, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 14: Right to Property

Duration of Procedure

Nov 21, 2014 ~ Aug 2, 2023

Country Geolocation

Latitude: -4.038333

Longitude: 21.758664

Country Geolocation (linked ACHPR Decision): Democratic Republic of the Congo

Primary Documents

The S.A. (represented by REDRESS) v DRC.pdf
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African Human Rights CLA 2.0

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Communication 502/14 - The S.A. (represented by REDRESS) v. DRC

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