104. The Respondent prayed the Court for the following:
a. Declare the application inadmissible for failure of Applicant’s counsel to
provide an address for service and lack of competence to act for him
b. Decline jurisdiction to examine the decision delivered by the national court of
Senegal.
……….
105. It is trite international law that any violation of human rights attracts reparation
that should as much as possible put the victim in the situation he/she would have
been had his right not been violated. This was reiterated by this Court when it held
that, “the Court … asserts that reparation should as much as possible restore the
Applicants to the position they were before the violation of their rights and it should
be proportionate to the violations found depending on the circumstances of each
case.” See also LA SOCIETE BEDIR SARL V. REPUBLIC OF NIGER, unreported
ECW/CCJ/JUD/11/20.
106. The Permanent Court of International Justice (PCIJ) similarly held that a State
found responsible for a violation must take all measures “to wipe out all the
consequences of the illegal act and re-establish the situation which would, in all
possibility, have existed if that act had not been committed.” See L’USINE DE
CHORZÓW (THE FACTORY AT CHORZÓW) (Merits) JUDGMENT OF 13 SEPTEMBER 1928,
SERIES A, No 17, pg. 47
107.
Such reparation can inter alia be via restituto integrum, monetary
compensation as special or general damages or just satisfaction. Where the Court
contemplates a monetary award, it is important to state that the object of award is
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