001068
RE
132.
The Court recalls its previous decisions wherein
it held that “when the Court finds
any of the rights, duties and freedoms set out in the Charter is curtailed, violated or
not being achieved, this necessarily means that the obligation set out under Article
1 of the Charter has not been complied with and has been violated.”3"
133.
In the instant case, having found that the Applicant’s right to liberty, nationality, to
security of his person and the right not to be unlawfully detained have been violated,
the Court holds that the Respondent State has violated its obligations under Article
1 of the Charter.
Vill.
REPARATIONS
134. The Court notes that Article 27(1) of the Protocol provides that: "If the Court finds
that there has been a
violation of a human
and peoples’
rights, it shall make
appropriate
orders to remedy the violation, including the payment of fair compensation or reparation".
135.
In this respect, Rule 63 of the Rules of Court provides that: "The Court shall rule on
the request for reparation ... by the same decision establishing a human or peoples’ right or,
if the circumstances so require, by a separate decision.”
136.
In the instant case, the Court has already found that the Applicant's rights under
Articles 1, 5, 6, and 12 of the Charter and Article 15 of the Universal Declaration of
Human
A.
Rights, have been violated.
Pecuniary reparations
31 Alex Thomas
v. Tanzania (Merits), § 135; Norbert Zongo and Others v. Burkina Faso (Merits) (2014) 1
AfCLR 219, page 54, § 199.
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