“Individuals on application for relief for violation of their human
rights; the submission of application for which shall:
i.
ii.
Not be anonymous; nor
Be made whilst the same matter has been
instituted before another International Court for
adjudication.”
Article 10 (d) requires that Applicants seeking relief for violation of their
rights must establish the status of a victim who must have suffered a
personal loss capable of being ascertained. The import of Article 10 (d) is
that only persons who qualifies as victims of Human Rights violations can
access the Court to seek relief for violation of their Human Rights. This
Court has held in series of decisions that to qualify for relief in respect of
Human Right violation the Applicant must establish his capacity as a victim.
In the case of CENTER FOR DEMOCRACY AND DEVELOPMENT V.
MAMADOU TANJA & REPUBLIC OF NIGER (2011) ECW/CCJ/JUD/05/11
@ 27, the Court has this to say:
‘‘Cases shall be brought before the court by natural or
legal person endowed, within the framework of their
national laws, with the required Legal capacity, and who, in
addition, shall justify their condition of being Victim…the
Court recalls that when an application on human rights.
Violation is brought before it, it is so done necessarily by a
person who is a victim of the said violation against one or
several Member States.’’
Also in the case of MUSA SAIDYKHAN V. REPUBLIC OF THE GAMBIA
(2012) ECW/CCJ/JUD/08/12 @ page 43, this Court held that:
“Principally the object of an award in human rights
violation is to vindicate the injured feelings of the victim
and to restore his rights and human dignity.’’
It can be concluded from the above decisions that only persons who can
justify their claims of being directly affected have the standing to seek
reliefs for violations of human rights from the Court.
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