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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
On the Payment of Interest on the above amounts at the rate of 6% from the date of the OMT
judgment
As previously recognized, the failure of the State Party to pay damages constitutes a violation of the
victim's right to property as recognized in Article 14 of the African Charter.
43.
In the present case, the Complainant claims interest at the rate of 6% on the unpaid amounts since the
date of the OMT judgment.
44.
As there is no applicable regulation on statutory interest rates for unenforced judgments, the
Commission refers to the regulation in force in the Respondent State.
45.
The Commission notes that Article 152 of the Code of Civil Procedure of the Democratic Republic of
Congo provides that "A proportional duty of 6% shall be payable on any sum or property value awarded by a
judgment that has become res judicata, by an arbitration award or by a foreign judgment that has become
enforceable" .
46.
In view of the domestic jurisdiction of the State Party on the one hand, and in view of the fact that the
conditions for the payment of legal interest in the case in question have been met, on the other, the
Commission recognizes the admissibility of the Complainant's prayer and accepts the need to pay the
victim interest on the above-mentioned amounts at the rate of 6% from the date of the OMT judgment.
On the Enforcement of the Sentence Imposed on Sergeant Chance by the OMT Judgment
47.
One of the objectives of the international protection of human rights is the recognition of the injustice
suffered by the victim as a resul t of the commission of the act condemned and the need to restore this
social justice by, among other things, punishing the perpetrator.
48.
Therefore, the effective execution of the sanction by the perpetrator is of indisputable importance and
represents a source of appeasement for the victim, who would see it as a consideration of her person
and her cause.
49.
Furthermore, by recognizing in General Comment No.4 (Paragraphs 27&28)the possibility for States
Parties to prosecute and extradite perpetrators of torture and the prohibition of amnesty for such
perpetrators, the Commission advocated the need to punish, according to the ru~~~\3P.At9~.ce,
the
recognized perpetrator of human rights violations.
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50.
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