Military Court. Thus, failing to transmit to the Commission the Order for the automatic appointment of a counsel by the President of the Court which tried the case, the Respondent State simply kept on placing the burden of proof on the Complainants. The Commission is of the opinion that having automatically appointed a counsel, the burden of proof now lies with the State. 84. Even assuming that these provisions are available, their accessibility alone cannot guarantee that the victims in this particular Communication actually received judicial assistance. On this issue, the Commission recalls that where the burden of proof lies with the State to discharge an obligation, it is not enough to indicate the measures taken to that effect. The issue is to show the relevance of such measures and to prove in what manner they satisfied the specific requirement of the Complainant, namely the right of accused persons to judicial assistance. The United Nations Human Rights Committee adopted the same position in Sankara v. Burkina Faso. 24 In this case, the Respondent State could not prove that the persons identified as victims of this Communication did actually receive judicial assistance. In these circumstances, the Commission notes that the provisions of Article 7(1)(c) of the Charter have not been complied with. 85. As indicated above, the violation of Article 1 of the Charter cannot be established except under the condition of the violation of substantive rights and for the provisions for which the violation has been noted. As a result of the violations of substantive rights thus established, the Commission also notes the violation of Article 1 of the Charter, at least in respect of rights protected under Articles 4, 7(1)(a) and (c) of the Charter, the violation of which has been established. Prayers of the Complainants 86. In their submissions on the merits, the Complainants pray the Commission to request the State to: 1. Ensure that the ordinary criminal procedure Code is complied with; 2. Ensure that the Decree of 6 December 1950 on delinquent children is put into effect, particularly its Article 5 thereof; and 3. Put an end to the activities of the Military Court in its current form and institute a two-tier judicial system to ensure that juveniles are given a fair trial. The Complainants also pray the Commission to urge the Democratic Republic of Congo to pay compensation to the victims of the alleged violations. 87. The Commission notes that the Complainants are not contesting the fact that the Military Court has been abolished by Law No. 023/2002 of 18 November 2002 and replaced with military courts that are consistent with the two-tier judicial system. As this request has been satisfied, the Commission must set it aside from the consideration of the prayers of the Complainants. 88. Having concluded on the violation of the provisions of Articles 1, 4,, 7(1)(a) and (c) of the Charter, the Commission granted the requests of the Complainants. It is obvious that action must be taken on the various requests, including reparation. The Commission recognizes the intangible principle of the right to reparation for the harm suffered as a result of a violation of the provisions of the Charter. 25 The Commission also recognized the need to pay monetary compensation to the victims should they request for it in this case. 26 Nevertheless, it is clear that the assessment of the quantum of such compensation is at the discretion of the courts and national authorities of the Respondent State. 27 89. Considering the evaluation of damages suffered by the victims of this case, the Commission notes the unduly long procedures both before the domestic courts and the Commission. Altogether, about ten years have elapsed since the seizure of the Commission. Moreover, the lack of communication of evidence and due process on the part of the Respondent State, prolonged the procedure. The Commission further notes that the victims were minors at the time of the events and commencement of the procedure before the Commission. Furthermore, the victims were child soldiers. Finally, these children had the privilege of being 14

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