108.
In the present case, the Court has found that the Respondent
State has
violated Articles 2 and 7(1) (a) of the Charter. Resultantly, the Court holds that the
Respondent State has also violated Article 1 of the Charter.
Vill.
REPARATIONS
109.
In relation to reparations, the Applicant prays the Court to order:
(b) That the respondent to put in place Constitutional and Legislative measures to
guarantee the rights provided for under Art 1, 2, 3(2) and 7(1) of the African
Charter on Human
and People’s Rights
(c) Make an Order that the Respondent report to the Honourable Court, within a
period twelve
(12) months
from
the date of the judgment
issued
by the
Honourable Court, on the implementation of this judgment and consequential
orders;
(d) Any other remedy and/or relief that the Honourable Court will deem to grant;
110.
The
Respondent
State’s
Response
did
not
address
the
question
of
reparations but simply prayed that the Application be dismissed.
RK
111.
Article 27(1) of the Protocol provides that “[i]f the Court finds that there has
been a violation of a human or peoples’ rights, it shall make appropriate orders to
remedy the violation, including the payment of fair compensation or reparation.”
112.
Rule 63 of the Rules provides that:
The
Court
shall
rule
on
the
accordance
with
Rule
34(5)
establishing
the
violation
of
request
of
a
for
these
human
the
Rules
and
circumstances so require by a separate decision.
30
reparation
by
the
peoples’
submitted
same
rights
in
decision
or,
if