Decision of the Commission on the merits
183. In light of the foregoing, the African Commission on Human and Peoples' Rights:
(a) Finds that the Respondent State is in violation of articles 3, 7(1)(a) and 7(1)(c) of the African Charter, but there is no violation of article 26 of the Charter;
(b) Requests the Respondent State to take all necessary measures to ensure the re-opening of the proceedings as requested by the Complainant and allow him to litigate in person before the Supreme Court, the Judicial Committee and other national institutions, without the services of an attorney if he so desires;
(c) Requests the Respondent State to take all necessary measures to ensure its laws and statutes regarding access to the courts, especially the Supreme Court Rules 2000 and the Legal Fees and Costs Rule 2000, are in line with its obligations under the African Charter;
(d) Requests the Respondent State to provide the Complainant with financial compensation the amount of which will be determined by the competent national courts for the prejudice suffered, and the fees incurred, in relation to the proceedings before the African Court on Human and Peoples' Rights and the African Commission on Human and Peoples' Rights.
Adopted during the 75th Ordinary Session of the African Commission on Human and Peoples' Rights held in Banjul from 3 to 23 May 2023.
