(i.;�� - ; ACHPR •,_ .�. 'm:i:nr.i' � African Commission on Human and Peoples' Rigt1ts Human Rights our Collective Responsibility 181. In the present instance, while the amount claimed by Complainant could be exaggerated, there is no doubt that he has had to incur expenses and make the necessary steps in order to be able to present and litigate his communication first before the African Court on Human and Peoples' Rights and then before this Commission. The Commission is of the view that those expenses and hassles in reaching the outcome would have been avoided should the case have been settled at national level and, because of that, the Respondent State should bear the costs. Because of that, the Commission finds that monetary compensation is due in addition to other measures to redress the situation. However, the Commission does not have sufficient information to determine the amount of this compensation, which must therefore be left to the national courts to decide. 182. The Commission wishes to specify that the compensation is accorded in relation to the 'resources invested' in the procedure before the African Court on Human and Peoples' Rights and the African Commission on Peoples' Rights without prejudice to any other possible compensation for any possible damages suffered in the course or as a result of proceedings before domestic courts, as may be determined by domestic courts in accordance with national law. Decision of the Commission on the merits 183. In light of the foregoing, the African Commission on Human and Peoples' Rights: (a) Finds that the Respondent State is in violation of articles 3, 7(1)(a) and 7(1)(c) of the African Charter, but there is no violation of article 26 of the Charter; (b) Requests the Respondent State to take all necessary measures to ensure the re-opening of the proceedings as requested by the Complainant and allow him to litigate in person before the Supreme Court, the Judicial Committee and other national institutions, without the services of an attorney if he so desires ; (c) Requests the Respondent State to take all necessary measures to ensure its laws and statutes regarding access to the courts ecially the Supreme Court Rules 2000 and the Legal Fees and are in line with , its obligations under the African Charter; (/ ..,.,J��t4j��, Page 44 of 45 :} ® Afric � a ,> i e: :i. : 5 � '· � ,f.d Peoples' Rig hts 1\�,l.t.i'y ut.'-Jsornbo North District, onWest'.Coast Region Gambia �!nc -4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 a

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