149. The Court recalls that any prayer for reparation must be linked to the
violation of a human right established by the Court. In the instant case, the
Court found that the Respondent State did not violate the Applicants’ right
to be informed of their right to compensation as provided for in the 1996
Decree.
150. Accordingly, the prayer for payment of the expert’s fees is dismissed.
vi. Loss of investment opportunity
151. The Applicants argue that if they had actually received the sum of Eight
Hundred and Twelve Million Four Hundred and Eighty-eight Thousand
(812,488,000) CFA Francs in 2007, they would have invested it in various
profitable ventures, such as real estate projects, on the remaining ten (10)
hectares of their land. It is the Applicants’ contention that this sum would
have constituted a good financial basis for their banks to trust them with
substantial loans to fund large-scale real estate projects. The Applicants
further contend that the Respondent State’s bad faith caused them to miss
out on that opportunity. They therefore pray the Court to grant them the sum
of Two Billion (2,000,000,000) CFA Francs as reparation for the harm
resulting from this loss of opportunity.
*
152. The Respondent State submits that regarding the payment of the sum of
Eight Hundred and Twelve Million Four Hundred and Eighty-eight Thousand
(812,488,000) CFA Francs, the Applicants have already carried out a
seizure-attachment of AGEF’s accounts and that it is in no way concerned
by the unsuccessful outcome of the seizure. The Respondent State prays
the Court to dismiss the Applicants’ prayer.
***
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