74. Similarly, The European Court of Human Rights ruled in GORRAIZ LIZARRAGA
& ORS V. SPAIN (Application no. 62543/00 judgment Strasbourg April, 2004);
that Legal entity can be a victim under Article 6 of the Convention which
protects the right to fair hearing. ; in that case, an association alleged the
violation of Article 6 (1), the Court decided that the Applicants association may
be considered a victim because they are claiming a violation of the right to fair
hearing on behalf of their members and the Court held that:
“Associations also qualify for protection under Article 6 (1) if they seek
recognition of specific rights and interests of their members or even of
particular rights to which they have a claim as a legal person, such as
the right of the public to information and to take part in decisions
regarding the environment.”
75. The European Court of Human Rights in GROPPERA RADIO AG AND OTHERS
V SWITZERLAND (Application no. 10890/84 judgment Strasbourg 28 March
1990, Groppera Radio AG); held that corporate bodies can ground action for
violations of Freedom of Expression; a limited liability company incorporated
under Swiss law and other Applicants, brought an action against Switzerland
contending that the ban on cable retransmission in Switzerland of their
broadcasts from Italy infringed their right to impart information. Whereas the
government on the other hand argued that the Applicants were not “victim”
within the meaning under Article 25(1) of the Convention. The Court noted that:
“By ‘victim”, Article 25(1) means the person directly affected by the act
or omission which is in issue,”
76. With regards to the right to Property, in CHUDE MBA V. REPUBLIC OF
GHANA ECW/CCJ/JUD/10/13, this court held with regards to Article 14 of the
ACHPR that:
“Unlike other provisions of the Charter, the text just quoted above does
not specify whether or not the right to property is only guaranteed to
individuals or people. It is has therefore not excluded legal persons,
which includes corporations. Therefore, Corporations may also benefit
from the right to property as guaranteed by Article 14 above and as
recognized by the National Laws of Members States and by the Council
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