[2004] ACHPR 58

Parties

Procedural Posture

Human Rights Communication / Decision on Merits

Legal Issues

1. 1 Whether the prolonged delay by the Appeal Court of Cotonou in determining the applicant's appeal constitutes a denial of justice under Article 7(1)(d) of the African Charter.
2. 2 Whether the applicant's right to property under Article 14 of the African Charter was violated.

Ratio Decidendi

The African Commission found that the delay of over four years in the determination of the applicant's appeal by the Appeal Court of Cotonou was unduly prolonged and constituted a violation of Article 7(1)(d) of the African Charter, which guarantees the right to a fair hearing within a reasonable time. The Commission held that the State of Benin, as the guarantor of justice, failed in its obligation to ensure timely adjudication of the applicant's case. The Commission also determined that, since no definitive decision had been made by the national courts regarding the applicant's property rights, it could not find a violation of Article 14 at this stage. The Commission thus limited its...

Court Disposition

Violation of Article 7(1)(d) of the African Charter found; no finding on Article 14; orders issued for expedited appeal and compensation.

Orders

• The Republic of Benin is found in violation of Article 7(1)(d) of the African Charter.
• The Republic of Benin is requested to ensure that the applicant's appeal is determined by the Court of Appeal as quickly as possible.