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i.
AFRICAN COURT LAW REPORT VOLUME 1 (2006-2016)
Compensation and reparation
124. The Court has the power to make orders for compensation or
reparation on the basis of Article 27(1) of the Protocol which reads: “If
the Court finds that there has been violation of a human or peoples’
rights, it shall make appropriate orders to remedy the violation including
the payment of fair compensation or reparation.” Rule 63 of the Rules
of Court allows the Court to: “… rule on the request for the reparation,
submitted in accordance with Rule 34(5) of these Rules, by the same
decision establishing the violation of a human and peoples’ right or, if
the circumstances so require, by a separate decision.” The 2nd
Applicant in his prayer reserved his right to elaborate on his claim for
compensation and reparation. He has not done so nor did the parties
address the Court on this issue. As a result, the Court cannot in this
judgment make a pronouncement on compensation and reparation.
The Court decides to call upon the 2nd Applicant, if he so wishes, to
exercise his rights in this regard.
ii.
Costs
125. The 1st Applicants prayed the Court to order that the Respondent
pay their costs. The Respondent prayed that the Court orders the
Applicants to pay its costs. The Court notes that Rule 30 of the Rules
of Court states that “[U]nless otherwise decided by the Court, each
party shall bear its own costs.” Taking into account all the
circumstances of this case, the Court is of the view that there is no
reason to depart from the provisions of this Rule.
VIII. On the prayers
126. In Conclusion:
Having found the Applications admissible and that the Court has
jurisdiction to consider the Applications, the Court by majority finds:
1.
In respect of the 1st Applicants the Court holds: That the
Respondent has violated Articles 2, 3, 10 and 13(1) of the Charter.
2.
In respect of the 2nd Applicant, the Court holds:
That the Respondent has violated Articles 2, 3, 10 and 13(1) of the
Charter.
3.
The Respondent is directed to take constitutional, legislative and
all other necessary measures within a reasonable time to remedy the
violations found by the Court and to inform the Court of the measures
taken.
4.
In accordance with Rule 63 of the Rules of Court, the Court
grants leave to the 2nd Applicant to file submissions on his request for
reparations within thirty (30) days hereof and the Respondent to reply
thereto within thirty (30) days of the receipt of the 2nd Applicant’s
submissions.
5.
In accordance with Rule 30 of the Rules of Court, each Party
shall bear its own costs.