31.As indicted in paragraphs 29 and 30 (supra), the first Applicant is a legal
person suing on their own behalf and claiming relief for themselves for the
sum of $500,000 as compensation “for general damages and/or exemplary
damages for the unlawful denial of the rights to association and assembly
of the Applicants” (Emphasis provided). The principle of representative
action in human rights violation envisages that an action instituted on behalf
of another does not confer any benefit to the representative applicant from
the relief granted under these circumstances. The relief sought above is to
compensate all the Applicants which includes the first. Clearly the first
Applicant has not demonstrated a representative capacity in the instant
application.
32.Consequently, the Court holds that the first Applicant not being an
individual but a legal person and not falling within the established
exceptions, nor suing in a representative capacity is not a proper party to
file an action for the violation of their right to association and to assembly.
The application of the first Applicant in this regard is declared inadmissible
and is therefore hereby struck out.
33.With regards to the second to fourth Applicants who are individuals, having
alleged the violation of their right to association and to peaceful assembly
which is in consonance with Article 10 and 11 of the Charter, the Court
admits the Application and will procced to determine same on the merits.
The second to fourth Applicants will hereinafter be referred to as the
“Current Applicants”
34.In respect of the second and third requirements for admissibility, the Court
holds that the Application is admissible as it is in compliance with Article
10 (d) (i) and (ii) of the Protocol, having found that it is neither anonymous
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