Decision of the Commission
The Commission,
For these reasons,
138. Declares that the Democratic Republic of Congo has violated the provisions of Articles 3, 7 (1) (a) and 7 (1) (c) of the African Charter. As such, the Commission:
a) Urges the Democratic Republic of Congo to recognize or cause to be recognized the Complainant’s right to claim against Pharmakina in respect of the latter’s legal obligation to comply with Arbitral Award No. 98/CNO/LH/006 of 1 April 1998, issued by the National Bar Council of the DRC, which grants the Complainant the sum of 500,000 (five hundred thousand) U.S. Dollars as fees owed to him for services rendered to Pharmakina Company.
b) Requests the Democratic Republic of Congo to take or cause to be taken the necessary measures aimed at granting the Complainant a fair compensation as damages for harm arising from the prolonged nonenforcement of the decision. The amount of the compensation will be determined in accordance with Congolese law.
c) Also requests the Democratic Republic of Congo to grant the Complainant compensation for the costs of the procedure which will also be determined in accordance with Congolese law.
d) Lastly, requests the Democratic Republic of Congo to report in writing within one hundred and eighty (180) days of being informed of this decision, all measures that it has taken to implement these recommendations.
Adopted at the 53rd Ordinary Session of the African Commission on Human and Peoples’ Rights held from 9 to 23 April 2013 in Banjul, The Gambia
