87. In light of the foregoing, the Court finds that the Respondent State violated
the Applicants’ right to be tried within a reasonable time guaranteed in
Article 7(1)(d) of the Charter.
ii. The right to enforcement of a court decision
88. The Court observes that, although Article 7(1) of the Charter does not
expressly set out the right to enforcement of a judicial decision, such a right
derives from the requirements of a fair trial. In this regard, the Court refers
to principles F(2)(g) and P(f)(5) of the Guidelines and Principles on the Right
to a Fair Trial adopted by the African Commission on Human and Peoples’
Rights, under which the judicial authorities of States parties have an
obligation to ensure the supervision of the enforcement of judicial decisions
and to avoid unnecessary delays in the enforcement of decisions awarding
compensation to victims.14
89. The Court notes that after the dismissal of AGEF’s appeal against the Court
of Appeal’s Judgment of 13 July 2007, the said Judgment became
enforceable and the Applicants were entitled to claim payment of the sum
of Eight Hundred and Twelve Million Four Hundred and Eighty-Eight
Thousand (812,488,000) CFA francs.
90. The Court also notes that, owing to the Prosecutor General’s inaction, the
Applicants had to wait more than five years for the decision staying
execution of the judgment of 13 July 2027 to be quashed in order to initiate
proceedings to enforce their claim which proved unsuccessful. The Court
considers that this situation contributed to the non-enforcement of the Court
of Appeal’s judgment of 13 July 2007 thereby preventing the payment of the
compensation obtained by the Applicants against AGEF which, in the
meantime, had become insolvent.
14
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, 1999.
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