Therefore, the aforementioned documents show that the boxes containing smoked fish transported in the applicant‘s 3 lorries did not present any threat to the national security, public order, health or public morality. Accordingly, this Court considers that the conduct of the defendant's agents, by preventing the applicant from entering its national territory, by not being subject to the exceptions provided for in Article 12 (2), since they were not even claimed by the defendant, then constitutes a violation of the right of the applicant to free movement of persons, goods and services guaranteed by Articles 13 of the Universal Declaration of Human Rights, 12 of the African Charter on Human and Peoples' Rights, Articles 3 and 59 of (ECOWAS Revised Treaty (1993) and Article 2 (1) of the Protocol A/P.1/5/79 on Free Movement of Persons, Residence and Establishment (1979). The applicant intends, by the present action, to establish the civil liability of the Defendant State for the damages he claims as a result of the unlawful conduct of its agents. It must therefore be ascertained whether the defendant State is to be responsible for the acts of its servants. The defendant State, as we have seen, is bound not only to respect the rights and freedoms enshrined in the conventions to which it is a party, as well as to guarantee the free and full exercise of such rights (obligations of respect and obligations of guarantee). That is, the State can not perform any act that may violate guaranteed human rights, but must still create all necessary means to prevent, investigate and even punish any violation, public or private, of fundamental human rights, showing the objective facet of such rights. (cf. Carvalho Ramos, in Responsabilidade Internacional por violação de direitos humanos: seus elementos, a reparação devida e sanções possíveis: teoria e prática do direito internacional; renovar, 2004 pag. 41." This has been the position of this Court in several Judgments, in which it has emphasized, in the area of human rights protection, the responsibility of Member States for noncompliance with obligations arising from international treaties or conventions signed and ratified by them. - See Judgment ECW / CCCJ / Rul / 03/2010, delivered in the case Peter David versus Ambassador Ralph Uwechue, (in CCJLR 2010 pag. 224 para. 41 to 47, 21