18. Whereas the slowness in the process of the liquidation of Sierra National
Airlines was independent of Defendants, but rather, intimately connected to the
long administrative and parliamentary procedures;
19. Whereas Defendants equally argue that most of the Plaintiffs/Applicant have
been adequately compensated, and that a court pronouncement was made, lately,
ordering that those of Plaintiffs/Applicants that are yet to be taken care of, should
be fully compensated;
20. Whereas Defendants finally point out that the process of liquidating Sierra
National Airlines was initiated, pursuant to a court judgment dated 21 October
2011, and that, on this premise, Sierra National Airlines should not be cited as
party to the instant case, because, as a corporate body, it is different from the State
of Sierra – Leone.
III – Legal analysis by the Court.
A – On the appropriateness of the claims made by Plaintiffs/Applicants
21. Taking cognizance of the fact that in their initiating Application, filed before
the Court, Plaintiffs/Applicants invoke, essentially, the Constitution of Sierra –
Leone, Article 27 (a) and (b) of the Statutes of the Defendant known as Sierra
National Airlines, and a certain number of international legal instruments, among
which are the Universal Declaration of Human Rights, and the African Charter on
Human and Peoples’ Rights. They also allege the violation of a certain number of
civic and socio – economic rights, such as the right to fair hearing, within
reasonable period, the right to own property, and the right to just and equitable
compensation;
22. The Court finds, straightaway, the irrelevance of the domestic texts invoked by
the Applicant, like the citing of the Constitution of Sierra Leone; in principle, the
Court restricts itself to examining disputes on human rights violation submitted
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