ri"'f,1 ACH PR African Commission on Human Rights our Human and Peoples· Rights Collective Responsibility form of compensation constitutes a violation of Article 14 of the African Charter. 184. The allegations put forth by the Complainant raise concerns regarding the arbitrary nature of the search and confiscation. Moreover, the fact that certain items were not returned and others were returned in damaged condition appears to undermine the Complinant's fundamental right to peacefully enjoy his property. 185. The Commission notes that in the absence of submissions from the Respondent State, it is conceivable to argue that a legitimate public need or community interest might have justified the search and seizure of the Complainant's property. Factors such as national security concerns or preventing illicit activities could potentially explain the actions taken. However, since the Respondent State has not provided any submissions, the Commission will solely rely on the facts presented by the Complainant. 186. The Commission's jurisprudence has established that the destruction of property should be accompanied by compensation; otherwise, it is deemed arbitrary. 187. Within the context of the Institute for Human Rights and Development in Africa (IHRDA) v Angola, the violation of Article 14 of the African Charter was established by the Commission through the search and seizure of the Complainant's personal effects, including electronic devices, clothing, and timepieces upon their entry into Sudan. This act, where certain items were either not returned or were returned damaged, was deemed by the Commission as a breach of the Charter's provisions under Article 14.57 188. The Commission's ruling in the IHRDA Case emphasized the critical absence of justification provided to the Complainant for the confiscation, failing to demonstrate public necessity or communal interest grounds. Moreover, the subsequent destruction of the seized belon · compensation was identified as the crux of the alleged violation the Complainant's property rights. While acknowledging tha 57 Communication 292/04: Institute for Human Rights and Development in Africa v Angola, para 72 43 West Coast eg,on, The Gambia Phone; (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banju!@africa-union.org https:/achpr.au.mt/O 0 a