Decision of the Commission on the merits
For the foregoing reasons, the Commission:
i. declares that the Respondent State has violated the rights of the Second Complainant pro under Articles 7,9 and 16 of the Charter;
ii. requests that the Respondent State pays adequate, suitable and satisfactory compensation to the Second Complainant for the violation of her rights under the Charter as follows:
(a) for loss of earnings and potential earnings due to her imprisonment subject to presentation of the relevant documentary evidence and verification of the actual amounts due and payable if the human rights violations had not occurred; and
(b) for the extended pain and suffering physically and emotionally, anxiety, frustration and diseases contracted whilst in prison for 49 months, and the impact it has and continues to have on her life. The compensation should be adequate, satisfactory and proportionate to the damage suffered by the Second Complainant, in line with international law applicable to payment of compensatory damages. In assessing the quantium and mode of payment, the Respondent State shall also consult the Second complainant and her legal representatives;
iii. declares that the 2009 Anti-Terrorism Proclamation in not in line with the Respondent's State obligations under international law;
iv. request the Respondent State to take steps to amend the 2009 Anti-Terrorism Proclamation to bring it in line with international law and standards relating to the combat of terrorism; and
v. requests the Respondent State to inform Commission within one-hundrend and did (180) days of being notified this decision, the measures taken to implement the present decision in accordance with the Rule 112(2) of the Rules of Procedure of the Commission 2010.
Adopted at the 72nd Ordinary Session of the African Commission on Human and Peoples' Rights held virtually from 19 July - 2 August 2022
