for punitive damages in in the case of SILVER AND ORS VUNITED KINGDOM
5.EHRR.347.61 EUR.CT.HR(ser A) this Court held that:
“Thus it is clear that the object of human rights instruments is the
termination of human rights abuses and in cases where the abuse has
already taken place, restoration of the rights in question. Compensation is
awarded in order to ensure “just satisfaction” and no more. It is not the
object of human rights instruments, including the African Charter on
Human and Peoples’ Rights on which this application is premised to award
punitive damages against offenders of the instruments. This by no means
deprives a successful human rights victim from claiming monetary
compensation in appropriate cases, particularly where special damages are
pleaded and proven at the trial.” CHIEF EBRIMAH MANNEH V THE GAMBIA
ECW/CCJ/JUD/03/08 CCJELR (2004-2009), PAGE 197, PARAGRAPH 39.
106.
In view of the reasoning above, the Court denies the compensation
claimed for exemplary damages.
XI. COSTS
107.
The Applicants did not make any submission regarding costs.
108.
Article 66 (1) of the Rules provides, “A decision as to costs shall be
given in the final judgment or in the order, which closes the proceedings.”
109.
The Court orders the Respondent to bear the costs and directs the
Registry to assess the costs accordingly.
XII. OPERATIVE CLAUSE
For the reasons stated above, the Court sitting in public:
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