l:~HP:\ACHPR
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....1) African Commission or:
h::o:ro:)~ .
i)
Human and Peoples' Rights
Hurnan Rights our
Collective Responsibility
Recognize that the facts described above constitute a violation of the rights protected under
Articles I, 2, 5, 7, 14 and 18 (3) of the African Charter, and Articles 2, 4, 8, 11 and 25 of the
Maputo Protocol;
ii)
Recommend to the Respondent State, in recognition of the provisions violated, to ensure:
);> Specific Measures
a. The immediate execution of the judgment of the OMT of North Kivu in case No. 010/2008,
rendered on 17 November 2008, including:
The payment of compensation in the amount of $10,000 awarded to the Complainant;
and
The return of the $120;
b. The payment of interest on the above amounts at the rate of 6%2 , calculated from the date
of the judgment;
c. That Sergeant Chance serves the sentence ordered by the OMT judgment in case No.
010/2008, pronounced on 17 November 2008, in accordance with the applicable laws and
procedures and to inform the Complainant in case of release and/ or escape.
);> General Measures
Reforming laws and institutions to provide adequate guarantees that these violations will not
be repeated in the future, including:
a. Reforming the legislation and process for enforcing judgments against the State, including
removing the requirements for victims to take legal action, and removing all fees for the
enforcement of judgments;
b. Designating a government authority to coordinate the implementation of court-ordered
compensation awards against the State, including those for victims of rape and other serious
forms of sexual violence;
c. Creating a specific budget line in the national budget to pay court-ordered compensation for
victims of torture, including sexual violence, and allocating funds to this line in each budget
cycle, with a transparent monitoring mechanism to ensure that the allocated budget is fully
distributed to beneficiaries without diversion or loss;
d. Undertaking comprehensive reform of the justice system, including the provision of adequate
resources, to ensure that crimes, including sexual violence, are prosecuted and that women
have effective remedies to address alleged violations;
e. Taking positive steps to overcome the barriers women face in accessing these remedies, for
example by providing effective free legal aid;