MERITS Observations of the Complainant on the Merits 43. The Complainant alleges that the Respondent State has violated his rights guaranteed by the African Charter. In specific terms, the Complainant alleges the violation of Articles 3, 7.1c and 14 of the African Charter. On the alleged violation of Article 14 44. The Complainant alleges that in execution of the measures referred to as economic, based on Congolese legislation adopted on 2 July 1974 in relation to abandoned or undeveloped properties and other assets acquired by the State under the law, Mr. NOCA's building covered by the registration certificate drawn up on 1st September 1952, was declared abandoned. 45. The Complainant also alleges that before leaving the DRC for his native country, Italy, Mr. Dino NOCA had taken precautions by entrusting the management of his building to SONAS, an official institution of the Congolese State. This, according to the Complainant, was one of the conditions for eluding this measure which was aimed at declaring his building as abandoned. 46. The Complainant also asserts that despite the fact that Mr. NOCA had complied with this requirement, the greed to grab the assets of foreigners made some Congolese citizens, in collusion with some State officials, to outwit the vigilance of the authorities and declare NOCA's building as abandoned. Thanks to the intervention of SONAS, an opposition to this action was granted by the Minister of Lands and Property. 47. The Complainant alleges that Mr. NOCA is the undisputed owner of the building situated at no17R/2 in Ibanda in the city of Bukavu and this is based on a registration certificate issued to him by the Curator of Landed Property Titles on 1st September 1952, an act which consequently recognizes the property right of the Victim under Congolese law. 48. The Complainant further argues that on the basis of Article 227 of the Congolese Land Law, the registration certificate is indisputable after two years of existence with effect from the date of its establishment, and the Complainant further argues that notwithstanding this Article 227 of the Land Law and of Article 14 of the African Charter, Mr. NOCA was deprived of his property right. 49. According to the Complainant, on the basis of Order No 74-152 of 2 July 1974 on abandoned or undeveloped properties and other assets acquired by the State under the law, a Ministerial Order n?1440/000152/80 of 3 September 1980 all the same declared residential plot n?17R/2 situated in Ibanda-Bukavu as abandoned, thus undermining the rights of the Victim. 50. The Complainant further alleges that two years after the appeal for annulment filed by SONAS, the above mentioned Order was annulled by Order no1440/000207/82 of 20 September 1982. 51. The Complainant asserts that the Order of the Minister responsible for Landed Property and Real Estate was communicated by letter dated 20 September 1982 to the SONAS Property Manager on the same day. 52. The Complainant also alleges that two years after the annulment of the Order of 3rd September 1980, the President of the Republic pronounced the Order no84-026 of 2nd February 1984 relating to the repeal of the Order on abandoned or undeveloped property and other assets acquired by the State under the law of 2 July 1974. 53. The Complainant also points out that the repeal of this Order had been justified in these terms: "unfortunately, the difficulty of determining the objective criteria of the abandonment, the insufficiency and the vagueness of those set out by this Order (of 2nd July 1974), the brevity of the opposition time frame and the inefficiency of the publicity measures have given rise to an alarming opinion at both the national and international levels that this law is only aimed at merely confiscating the landed property of foreigners. Furthermore, its application has given rise to considerable fraud. Several unscrupulous and dishonest individuals with the complicity of the Public Service, have used it to defraud others illegally. This has resulted in the numerous cases of litigation now pending before our Courts and Tribunals and which too often undermine the responsibility of the State". 54. The Complainant alleges that the NOCA case is an illustration of this relation in which the complicity of the administration is evidenced in the manoeuvres of the Real Estate Curator (State Official) of the city of Bukavu who, under the guise of adherence to procedure, and by his letter dated 30th May 1984, requested from his superior, the Minister responsible for Landed Property and Real Estate, clarification regarding the authenticity of Order n?1440/000207/09/82 of 20th September 1982 which repealed Order 4