Respondent State further affirms, that the Congolese Supreme Court had
declared the Complainant’s application for intervention unfounded, and the
application for annulment founded, leading to the annulment of Arbitral
Award No. 98/CNO/CH/006 of 1 April 1998 issued by the National Bar
Council in favour of the Complainant.
Violation of Articles 7 (1) (a) and 7 (1) (c)
92. In response to the allegations of violation of Articles 7 (1) (a) and 7 (1) (c) of
the African Charter, the Respondent State reiterates the arguments submitted
in relation to the allegations of violation of Article 3 of the Charter. The DRC
maintains that by failing to produce a copy of the contested judgment, the
Complainant made it impossible for the State to assess the arbitrary and
subjective nature of the motivation of the Congolese Supreme Court so as to
find justification for the dismissal of his application for a four-month
deferment of the case to enable him to obtain his documents.
93. The Respondent State further argues that this situation raises serious doubts
as to the alleged violation of the rights of the Complainant and therefore calls
on the Commission to declare the second plea unfounded and to dismiss the
Complaint.
94. Concerning the reasons for the contested judgement, the Complainant
contends that no reasons were provided for the decision and that, in addition,
the parties were denied copies by the authorities. The Respondent State, for
its part, merely points out to the Commission that the Complainant has no
evidence to substantiate this claim.
Analysis of the Commission on the Merits
Violation of Article 3
95. Article 3 of the African Charter provides that: “Every individual shall be
equal before the law. Every individual shall be entitled to equal protection of
the law.”
96. Alleging a violation of Article 3 of the African Charter, the Complainant seeks
to have the Commission note the non-compliance by the Supreme Court of
the DRC with the fundamental principle of equality before the law. As
adequately shown by the Complainant in his submission, this violation is
evidenced in the position of inequality in which the court placed him by
preventing him from presenting his case on the same basis as the opposing
party.
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