association of victims of post electoral violence and another v cameroon communication 272 of 2003 2009 achpr 101 25 november 2009

association of victims of post electoral violence and another v cameroon communication 272 of 2003 2009 achpr 101 25 november 2009

The State of Cameroon failed in its obligation of result under Article 1 of the African Charter by not taking necessary and effective measures to prevent foreseeable post-electoral violence, protect the rights to life and property, and provide effective remedies and compensation to victims. The state is responsible for violations of Articles 2, 4, 7, and 14, regardless of whether the perpetrators were state or non-state actors, due to its lack of due diligence and failure to achieve the required result of protection.

Citation
association of victims of post electoral violence and another v cameroon communication 272 of 2003 2009 achpr 101 25 november 2009
Parties
Complainant: Association of Victims of Post Electoral Violence of 1992 of the North West Region; Complainant: INTERIGHTS; Respondent: Republic of Cameroon
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
25 November 2009
Procedural Posture
Human Rights Communication / Final Decision on Merits
Outcome
Complaint upheld; violations found.
Legal Topics
State Responsibility, Right to Life, Right to Property, Right to Fair Hearing, Remedies, Obligation of Result, Due Diligence, Compensation for Victims
Source Language
English
Human Rights Law International Law Administrative Law State Responsibility Right to Life Right to Property Right to Fair Hearing Remedies +3 more

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Parties

Association of Victims of Post Electoral Violence of 1992 of the North West Region

Complainant

INTERIGHTS

Complainant

Republic of Cameroon

Respondent

Procedural Posture

Human Rights Communication / Final Decision on Merits

Legal Issues

  1. 1 Whether Cameroon violated Articles 1, 2, 4, 7, and 14 of the African Charter on Human and Peoples' Rights by failing to prevent and remedy post-electoral violence and by failing to provide effective remedies and compensation to victims.

Ratio Decidendi

The State of Cameroon failed in its obligation of result under Article 1 of the African Charter by not taking necessary and effective measures to prevent foreseeable post-electoral violence, protect the rights to life and property, and provide effective remedies and compensation to victims. The state is responsible for violations of Articles 2, 4, 7, and 14, regardless of whether the perpetrators were state or non-state actors, due to its lack of due diligence and failure to achieve the required result of protection.

Court Disposition

Complaint upheld; violations found.

Orders

  • Cameroon must take all necessary measures to guarantee effective protection of human rights at all times and everywhere.
  • Cameroon must pay fair and equitable compensation without delay to victims or their beneficiaries for the prejudices suffered.