the situation prior to the violation or, at the very least, to compensate the
victim adequately for the damage suffered (see also the case, CHIEF
EBRIMAH MANNEH v. THE REPUBLIC OF GAMBIA, Judgment No.
ECW/CCJ/JUD/03/08 in LR 2004-2009, (§15) and Moukhtar Ibrahim v.
Government
of
Jigawa
State
&
2
Ors,
Judgment
No.:
ECW/CCJ/JUD/12/14, p. 40).
115.
The Court finds that the Applicant suffered substantial damage,
including the psychological impact of the violence. However, it considers
that the sought amount of one hundred and fifty thousand US dollars
(150,000 USD) has not been sufficiently justified in the case file. Based
on the principles of fairness and proportionality, the Court adjusts the
amount awarded to adequately reflect the damages proven, ensuring that
the compensation is fair but does not constitute undue enrichment.
- AN ORDER compelling the Republic of Sierra Leone to adopt the necessary
legislative,
administrative,
social
and
economic
resources
to
ensure
the
protection, punishment and eradication of all forms of sexual violence against
women.
The Court’s Analysis
115.
The Court of Justice of the Economic Community of West African States
(ECOWAS) has reiterated that Member States have an obligation to adopt
legislative and administrative measures to prevent human rights violations,
including sexual violence. In the case Dorothy Chioma Njemanze & 3 Ors
y. Federal Republic of Nigeria (Judgment No. ECW/CCJ/JUD/08/17), the
Court ruled that Nigeria had failed to protect the Applicants from genderbased violence, emphasizing the need for legal and administrative reforms
to prevent such abuses.
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