204. In its analysis of the situation in the light of the arguments presented by the parties, the Commission
considers that Articles 3, 7. 1.c and 14 of the African Charter have been violated.
205. The Complainant finally prays the Commission to prescribe to the Respondent State to grant him, as
compensation for damages suffered, the minimum sum of USD 400 000, including fees paid to lawyers.
206. The Commission, while acknowledging that the Complainant has certainly suffered damages relating
to his right of ownership of the disputed building for several years (28 years), however notes that it is not in
possession of sufficient facts to quantify the damages suffered.
207. Therefore, in the name of fairness and in light of its jurisprudence39 , the Commission recommends
that the amount of compensation should be determined by the laws of the Democratic Republic of the
Congo.
Decision of the Commission
The Commission:
• Notes that the Democratic Republic of the Congo has violated the provisions of Articles 3, 7. 1.c
and 14;
• Declares that the transfer of the Noca family building to a third party by the State on the basis of
repealed texts is in violation of Article 14 of the African Charter;
• Thus declares that Judgment RCR/C019 of 28 November 2003 is in violation of Articles 3 and 7.
1.c of the African Charter;
• Enjoins the DRC to restore the right to property of the beneficiaries of the late Mr Noca by
reinstating their title deed of the disputed building, or failing that, pay them expeditious, just and fair
compensation;
• Finds that the DRC should compensate without delay for the damages suffered by the Dino Noca
family in accordance with the DRC laws in force;
• Declares that the Respondent State should present within a period of 180 days, with effect from the
notification of this decision, a detailed report on the measures taken to implement this decision.
Done in Yamoussoukro, Cote d'Ivoire, at the 52nd Ordinary Session of the African Commission on
Human and Peoples' Rights held from 9 to 22 October 2012.
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