The implication of the above is that only individuals whose right have been violated can access the Court to claim relief. In other words, only victims of the violation of human rights can ground an action before the Court which means an Applicant must prove his/her locus standi in the case. 33. This Court has held in many cases that to qualify for relief of human rights violation, the Applicant must justify its legal capacity as a victim. In the case Center for Democracy and Development v. Mamadou Tanja & Republic of Niger, ECW/CCJ/JUD/05/11 @ 27, the Court held that: “Cases shall be brought before the court by natural or legal person endowed, within the framework of their national laws, with the required legal capacity, and who, in addition, shall justify their condition of being victim…the Court recalls that when an application on human rights violation is brought before it, it is so done necessarily by a person who is a victim of the said violation against one or several Member states.” Also in the case of Musa Saidykhan v. Republic of The Gambia, ECW/CCJ/JUD/08/10 @ 43, this Court held that: “Principally the object of an award in human rights violation is to vindicate the injured feelings of the victim and to restore his rights and human dignity.” It follows from the above decisions that only persons who can justify their claims of being directly affected have the standing to seek reliefs for violations of human rights from the Court. 34. The question to determine is whether the Applicants in this case are victims within the meaning of Article 10 (d) of the Protocol as claimed; and this leads the Court to determine who is a victim of Human Rights violation. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Survivors of Violations of International Human Rights and Humanitarian Law, GA Res 60/147, pmbl, Sec IX, UN Doc A/RES/60/147 (March 21, 2006), defines: “A victim is anyone who suffers individual or collective harm (or pain) such as physical or mental injury, emotional suffering, economic loss, or generally any impairment of human rights as a result of acts or omissions that constitute gross violations of human rights, or serious violations of humanitarian law norms.” 14

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