IV.
PRAYERS OF THE PARTIES
13. The Applicants pray the Court as follows:
i.
Declare that the Respondent State violated the Applicants’ rights,
protected under Articles 3(2), 7(1), 7(1)(a) and 13(1) of the Charter;
ii.
Make an order for reparations by payment of the Applicants’ costs.
14. The Respondent State did not file a response to the Application and
therefore did not make any prayers.
V.
ON THE DEFAULT OF THE RESPONDENT STATE
15. Rule 63 of the Rules provides that:
Whenever a party does not appear before the Court, or fails to defend
its case within the period prescribed, the Court may, on the application
of the other party, or on its own motion, enter decision in default after it
has satisfied itself that the defaulting party has been duly served with
the Application and all other documents pertinent to the proceedings.
16. The Court notes that the afore-mentioned Rule sets out three conditions on
which the Court may render judgment in default, namely, i) notification to
the defaulting Party of both the application and other documents pertinent
to the proceedings; ii) default of one of the Parties iii) request made by the
other Party or the discretion of the Court.1
17. With regard to notification of the Application to the Respondent State and
default by one of the parties, the Court notes that, on 13 May 2021, the
See: Bernard Ambataayela Mornah, v. Benin and 7 others (Burkina-Faso, Côte d’Ivoire, Ghana, Mali,
Malawi, Tanzania and Tunisia), ACtHPR, Application No. 028/2018, Judgment of 22 September 2022,
§§ 45-50; Léon Mugesera v. Republic of Rwanda (judgment) (27 November 2020) 4 AfCLR 834, §§ 1318; Fidèle Mulindahabi v. Republic of Rwanda (merits and reparations) (26 June 2020) 4 AfCLR 291, §
22; See African Commission on Human and Peoples’ Rights v. Libya (merits) (3 June 2016) 1 AfCLR
153, §§ 38-42.
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