82.
Accordingly, the Court finds that the alleged violation of Article 26 of the
Charter is not established. Consequently, the Court does not find the
Respondent State liable.
VIII. REPARATIONS
83. The Applicants pray the Court to re-establish their right to a fair trial. They
also request the Court to order the Respondent State to make the following
reparations:
i.
Payment of the salaries accruing to the Applicants from 2009 to 2018,
as well as severance pay, unspent leave allowance, salary in lieu of
notice, compensation for the irregularities and damages;
ii.
Reimbursement of all medical expenses for their spouses and children
from 2009 to 2018;
iii. Payment of damages in the amount of twenty million (20,000,000) CFA
Francs per worker, that is, a total amount of two hundred million
(200,000,000) CFA Francs for the ten (10) workers as reparation for
moral and material damages;
iv. Issuance of work certificates for seventy-one (71) persons, including the
eleven (11) people expressly mentioned in this Application, subject to a
penalty of one hundred thousand (100,000) CFA Francs per person and
per day of delay;
v.
Severance medical visits for the workers concerned subject to a penalty
of one hundred million (100,000,000) CFA Francs for the ten (10) former
employees;
vi. Payment of half of the entitlements mentioned upon the delivery of the
judgment by this Court.
84. The Respondent State argues that the Applicants’ claims should be
dismissed outright, but has not made submissions in response to the
measure sought by the Applicants.
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