199. In this regard, the Court has already found that the Respondent State violated article
7 of the Charter, as it had not shown due diligence to seek out,
investigate, prosecute
and put to trial the killers of Norbert Zongo and his companions (supra, paragraph 156).
The Court notes that, by so doing, the Respondent State simultaneously violated article
1 of the Charter, by failing to take appropriate legal measures to guarantee respect for
the rights of the Applicants in terms of article 7 of the Charter.
E)
The issue of damages
200. In their written submissions, the Applicants prayed the Court to hold the Respondent
liable to a series of damages to be quantified by the Court itself (supra, paragraph 45).
201. In its Response on the merits and during the Public Hearing of 28 and 29 November
2014, the Respondent State, for its part, prayed the Court to reject all the claims for
damages filed by the Applicants (supra, paragraph 45).
|
202. Before taking a decision on the prayers in respect of damages, the Court had opted,
in application of Rule 63 of its Rules, to first rule on the various allegations of violation of
the Charter made by the Applicants.
The Court, having now ruled on all said allegations, shall decide on the damages ata
later stage in the proceedings, after having heard the parties more extensively.
203. In view of the foregoing,
THE COURT,
1.
unanimously
Declares that it has jurisdiction to hear the application, except in relation to the
allegation of violation of the right to life;
2.
Overrules the Respondent’s objection to the admissibility of the application on the
grounds
of
failure
to exhaust
local
remedies;
and
declares
the
application
admissible;
3. Finds that the Respondent State has violated article 7 of the Charter as well as
article 1 of the Charter, concerning the obligation to adopt measures, other than
o-
legislative measures;
l
54
Ar
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