of the Supreme Court. The position of the Commission regarding the alleged
violation of Article 3 of the Charter applies to the argument of the
Respondent State.
129. In particular, the Commission is of the opinion that the burden of proof
rests primarily with the alleging party, but that in this case it is shifted to the
Respondent State, or is at least equally shared between the parties, since the
Commission subsequently requested the State to produce the copy of the
judgment in dispute. Consequently, to demonstrate the unfounded nature of
the claims of the Complainant, the Respondent State should have produced
contrary proof of the allegations of the latter by submitting the documents
required by the Commission, which it failed to do despite numerous requests.
130.
In any event, considering the instances of violation of procedural rights
that occurred in the process leading up to the contested decision - which
violations have been established by the Commission - the terms of that
decision would not have changed the course of the Commission’s findings.
Moreover, the decision would not have derived any validity from the process
which itself does not comply with the principles upheld by the African
Charter.
131. Under these circumstances, it cannot be said that the Complainant’s rights
to have his case heard by a competent court and to have the opportunity to
defend himself were respected. The Commission therefore concludes that the
provisions of Articles 7 (1) (a) and 7 (1) (c) of the African Charter were
violated.
Prayers of the Complainant
132. In order to receive reparation for the violations alleged, the Complainant
prays the Commission to:
1. Declare null and void Judgement No. RA444/445/452 of 17 April 2000 by
the Supreme Court of the DRC;
2. Grant a fair compensation to the Complainant for being deprived of the
enjoyment of his rights with effect from 1 April 1998 of the amount of
500,000 U.S. dollars, awarded to him in respect of fees by the National Bar
Council; and
3. Recognize the Complainant’s right to claim against Pharmakina
Company in respect of the latter’s legal obligation to comply with the
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