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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; (/
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Page 44 of 45
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,f.d Peoples' Rig hts
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Email: au-banjul@africa-union.org
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