the State to comply with a judgment or ruling pronounced by the highest Court in the land. In consequence,
by virtue of this Article, the execution of a legal ruling can neither be unduly prevented, nullified nor
delayed. 4
75. The [African] Commission is also of the view that the right to be heard guaranteed by Article 7 of the
African Charter includes the right to the execution of a judgment. It would therefore be inconceivable for this
Article to grant the right for an individual to bring an appeal before all the national courts in relation to any
act violating the fundamental rights without guaranteeing the execution of judicial rulings. To interpret
Article 14 any other way would lead to situations which are incompatible with the rule of law. As a result,
the execution of a final judgment passed by a Tribunal or legal court should be considered as an integral
part of the right to be heard which is protected by Article 7.
76. Furthermore, the [African] Commission considers that the refusal by the Minister to honour the
judgment passed in favour of the Complainant also constitutes a violation of Article 14 of the Charter.
Although the complainant only alluded to this Article at the moment of his argument, the [African]
Commission considers that his initial claims sufficiently supported a claim of violation of the right to
property. Drawing inspiration from the jurisprudence of the European Court for Human Rights under Article
1 of Protocol No. 1
× 1. Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be
deprived of his possessions except in the public interest and subject to the conditions provided for by law
and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as
it deems necessary to control the use of property in accordance with the general interest or to secure the
payment of taxes or other contributions or penalties."
of the European Convention on Human Rights,5 the [African] Commission considers that a monetary
compensation granted by judgment having acquired the authority of res judicata should be considered as
an asset. Therefore, the unjustified refusal of the Respondent State to honour the final judgment passed in
favour of the Complainant hindered the enjoyment of his assets.
77. The African Commission appreciates the fact that in spite of the situation which was then prevailing in
the Republic of Congo during the period under review, the Court had been able to act rapidly and firmly in
pronouncing the judgments in a bid to restore the rule of law.
78. The African Commission nonetheless remains conscious of the fact that without a system of effective
execution, other forms of private justice can spring up and have negative consequences on the confidence
and credibility of the public in the justice system.
79. Finally, the [African] Commission wishes to make some comments with regard to the claims of the
Complainant based on Article 21(2) of the Charter. This Article stipulates that "in case of spoliation the
dispossessed people shall have the right to the lawful recovery of their property as well as to an adequate
compensation". The Complainant contends that the Respondent State violated this Article in refusing to
honour a judgment of the Brazzaville High Court upholding the total responsibility of the Respondent State
and that of the Brazzaville Mayor's Office in relation to the looting of his assets by the soldiers and the
unruly elements of the National Police Force.
80. The African Charter does not provide a definition of the concept of 'people' that is found in Articles 19 to
24. This concept nonetheless defines third generation rights whose recognition constitutes the main
distinctive feature of the African Charter. Article 21 of the Charter is one of these rights; it guarantees to all
peoples the right to freely dispose of their wealth and natural resources. Under the terms of this Article, a
people stripped of their wealth and natural resources ha[ve] the right to the recovery of its property and to
an adequate compensation.
81. In communication 155/96 (2001) Social and Economic Rights Action Center, Centre for Economic and
Social Rights/Nigeria, the African Commission recalled in the following terms, the origin of Article 21: "[This]
provision dates back to the colonial period during which the material and human resources of Africa had
been greatly exploited by foreign powers, thus creating a tragedy for the Africans themselves, depriving
them of their inalienable rights and land". Considering its nature and its objective, this Article can only be
referred to in the exclusive interest of a people that has the legitimate right to an adequate compensation
as well as to the recovery of its assets in case of spoliation.
82. In this case, the movable and immovable property of the complainant that had been destroyed during
the socio-political events which shook the country in 1993 does not constitute the wealth and natural
resources of a people but rather individual assets. It is important to point out that in the present
communication the complainant is acting on his own behalf and on behalf of a group of individuals or of a
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