ngandu c republique democratique du congo communication 43312 2016 achpr 11 25 fevrier 2016

ngandu c republique democratique du congo communication 43312 2016 achpr 11 25 fevrier 2016

The Commission found that the Supreme Court of the Democratic Republic of Congo violated the applicant's rights under Articles 7(1)(a), 13, and 15 of the African Charter by invalidating his parliamentary mandate without legal basis, depriving him of participation and employment, and failing to provide motivated...

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Citation
ngandu c republique democratique du congo communication 43312 2016 achpr 11 25 fevrier 2016
Parties
Applicant: Albert Bialufu Ngandu; Respondent: République Démocratique du Congo
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 January 2016
Procedural Posture
Human Rights Communication / Final Merits Decision
Outcome
partially upheld
Legal Topics
Right to Fair Trial, Right to Political Participation, Right to Work, Electoral Dispute Resolution
Source Language
en
Human Rights Constitutional Law Electoral Law Right to Fair Trial Right to Political Participation Right to Work Electoral Dispute Resolution

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Summary, issues, holding and outcome

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Parties

Albert Bialufu Ngandu

Applicant

République Démocratique du Congo

Respondent

Procedural Posture

Human Rights Communication / Final Merits Decision

  1. 1 Whether the invalidation of the applicant's parliamentary mandate violated his rights under the African Charter
  2. 2 Whether the applicant was denied a fair trial and due process
  3. 3 Whether the applicant's right to participate in public affairs and to work was violated

Ratio Decidendi

The Commission found that the Supreme Court of the Democratic Republic of Congo violated the applicant's rights under Articles 7(1)(a), 13, and 15 of the African Charter by invalidating his parliamentary mandate without legal basis, depriving him of participation and employment, and failing to provide motivated decisions or fair procedures. The Commission ordered compensation for lost salary and damages.

Court Disposition

partially upheld

Orders

  • The Democratic Republic of Congo must pay the applicant all salaries and benefits due for the period of the mandate during which he was unable to serve.
  • The Democratic Republic of Congo must pay the applicant damages for the prejudice suffered due to invalidation.