pertinence, that in principle, the State should not hold onto
its « domestic affairs » as the reason for its failure towards
its international obligations. In any case, no constraints of
intense magnitude that have lasted for a decade were
brought to the attention of the Court, and which have
impeded any decisive progress in the judicial
investigations. In the Judgment of the « Heirs of Ibrahima
Baré Mainassara » referred to above, the Court considered,
in the same vein that « it translates into an obligation on
State authorities to conduct inquiries and investigations into
incidents and events in cause, and to guarantee, even if not
a publication of findings thereon, at least free access to such
findings (…) This is a minimal obligation, for which any
default constitutes the violation of the right to justice » (§ 55).
In these circumstances, the excuse of « political instability»
must be deemed not to prosper.
C) On reparation
On the order sought as to pecuniary reparation, Counsel
to Plaintiffs/Applicants requested the Court to award the
sum of five (5) billions CFA francs in favour of Mrs. Gomes
de Pina one billion CFA francs in favour of each of her
children.
The Court recalls that it has a wide range of powers to
determine the quantum of reparation sought before it. In
the instant case, it appears to the Court that the sums
sought for reparation are highly excessive, since the
objective of a procedure of this nature is partially symbolic.
The Court is of the opinion that, owing to all the factors to
be taken into consideration, it is reasonable to award, as
reparation, the sum of ten (10) millions CFA francs to Mrs.
Nazare Gomes de Pina ten (10) millions CFA francs equally
to each of her three children, namely:
-Eden Joao Gomes De Pina Vieira
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