bissangou v republic of congo communication 253 of 2002 2006 achpr 74 29 november 2006

bissangou v republic of congo communication 253 of 2002 2006 achpr 74 29 november 2006

The Republic of Congo violated Articles 3, 7, and 14 of the African Charter by arbitrarily refusing to execute a final court judgment in favor of the complainant, thereby depriving him of equal protection of the law, the right to fair trial, and the enjoyment of his property. The complainant exhausted all local remedies, and the refusal was not justified by any legal authority. Article 21(2) was not violated as it applies to collective rights, not individual claims.

Citation
bissangou v republic of congo communication 253 of 2002 2006 achpr 74 29 november 2006
Parties
Complainant: Antoine Bissangou; Respondent: Republic of Congo
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 November 2006
Procedural Posture
Communication / Decision on Merits
Outcome
violation found
Legal Topics
Execution of Judgments, Right to Fair Trial, Equality Before the Law, Right to Property, Compensation for Damages
Source Language
English
Human Rights Constitutional Law Administrative Law Execution of Judgments Right to Fair Trial Equality Before the Law Right to Property Compensation for Damages

Case Brief

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Parties

Antoine Bissangou

Complainant

Republic of Congo

Respondent

Procedural Posture

Communication / Decision on Merits

Legal Issues

  1. 1 Whether the refusal to execute a final court judgment violates the African Charter
  2. 2 Whether the complainant exhausted local remedies
  3. 3 Whether the complainant suffered discrimination or unequal protection under the law

Ratio Decidendi

The Republic of Congo violated Articles 3, 7, and 14 of the African Charter by arbitrarily refusing to execute a final court judgment in favor of the complainant, thereby depriving him of equal protection of the law, the right to fair trial, and the enjoyment of his property. The complainant exhausted all local remedies, and the refusal was not justified by any legal authority. Article 21(2) was not violated as it applies to collective rights, not individual claims.

Court Disposition

violation found

Orders

  • Republic of Congo to harmonize its legislation with the African Charter.
  • Republic of Congo to compensate the complainant by paying the amount fixed by the High Court of Brazzaville, namely 195,037,000 FCFA (297,333.00 Euros).