:... ACHPR ( ~CH'~\ I African Commission on i Human and Peoples' Rights Human Rights our Collective Responsibility enforcement proceedings results in a violation of the right to a fair trial-? . Instead, the Court states that "it is for the Contracting States to organize their judicial systems in such a way that their competent authorities can discharge their obligations" to ensure the enforcement of enforceable judgments within a reasonable timew. 5. The Complainant also recalls the provisions of Article 8 of the Maputo Protocol, which provides that "toomen and men shall enjoy equal rights before the law and shall enjoy the equal protection and benefit of the law. States [Parties) shall take all appropriate measures to ensure (a) the effective access of women to legal and judicial assistance and services [...}". 6. The Complainant asserts that in the present case, the non-enforcement of the court's judgment constitutes a violation of her right to a fair trial and hinders her effective access to judicial services, in that access does not lead, for her, to any result. Consequently, she denounces the violation of Article 8 of the Maputo Protocol. Alleged Violation of the Right to a Remedy under Articles 1, 7 and 5 of the African Charter and Articles 25 and 4(2)(f) of the Maputo Protocol 7. The Complainant underscores that the right to an effective remedy is central to Articles 1 and 7 of the African Charter and is explicitly enshrined in Article 25 of the Maputo Protocol. She states that Article 4(2)(f) of the Maputo Protocol also includes a specific obligation for States to "establish accessible mechanisms and services to ensure information, rehabilitation, and effective compensation for 'women victims of violence [...}". S. The Complainant adds that the right to a remedy, in turn the right to reparation, and the right to a fair trial was also the subject of a specific resolutions! adopted by the African Commission. She asserts that the resolution states that '[...} Everyone whose rights and freedoms have been violated has the right to an effective remedy. This right implies that the individual 'whose rights have been violated should be able to present his or her claim before ajudicial body, which has the competence and powers to pay adequate reparation for the harm suffered, and which shall decide on the claim within a reasonable period of time"42. Ibid. ECtHR, Burdov v. Russia (No.2) (2009), Appl. No. 33509/04, 4 May 2009, paras. 68-70, citing ECtHR, Comingersoll S.A. v. Portugal [GC], AppL No. 35382/97, para. 24, ECtHR 2000-IV, and ECtHR, Frydlender v. France [GC], Appl. 4'1 African Commission, Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence, adopted by the African Commission on Human and Peoples' Rights at its 42nd Ordinary Session held in Brazzaville, Republic of Congo, 15-28 November 2007. \\ \\U~·A. /'\D 42 Article 1 of the Resolution on the Right to a Remedy and Fair Trial, adopted by the African C , c: mi~<frHHI1?Iu~'and Peoples' Rights, meeting_at its 26u10rdinary Session, held in Kigali, Rwanda, 1-15 November 199 .~/ c, (~\ 39 40 An Ol90n of ihe African ~t·'.'t\ Union' '. '"o ~o r_ ~ :r -i o en, ~ Page 18 on 32