The Complainants’ prayers
83. As a remedy for the alleged violations, the Complainants pray the
Commission to :
1. Recognize that the Democratic Republic of Congo has violated
Articles 2, 5, 7 and 18 of the African Charter.
2. Declare the Decree-Law No. 019 of 23 August 1997 on the
establishment of a military court to be contrary to the
international commitments subscribed to by the Democratic
Republic of Congo in relation to fair trial.
3. Order the Democratic Republic of Congo to re-open the case
and review it by adhering strictly to human rights.
4. Request the Democratic Republic of Congo to compensate the
Complainants for all the different types of injury they suffered
through human rights violations they were subjected to.
84. Having concluded the violation of the rights protected by Articles 5, 6, 7
and 18(1) of the African Charter, the Commission followed up on the
allegations of the Complainants. As indicated in its analyses, the
Commission recognizes the principle of redress, including monetary
compensation for violation of rights protected by the African Charter.
85. However, the Commission adopted its consistent position according to
which it cannot take the place of national authorities in practice, when it
comes to redress of injuries suffered. Consequently, it has referred the
Complainants to the said authorities for the assessment of the quantum of
compensation,32 unless the request has been indicated precisely in the
Communication like in the case Kenneth Good v. Botswana.33 In this case,
the Complainants did not quantify the injuries suffered.
86. The Commission notes therefore that the trial of the Complainants was
ongoing, the Respondent State passed Law No. 023 of 18 November 2002
on the military justice Code and its Article 276 provides for opposition
Cases such as Mekongo Louis v. Cameroon, Bissangou v. Congo op cit ; Association of Victims of
Post Electoral Violence and Interights v. Cameroon Communication 272/03 (2009) AHRLR 47
(ACHPR 2009).
33 Kenneth Good v. Botswana Communication 313/05 (2010) AHRLR 43 (ACHPR 2010) para 245.
32
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