Association of Victims of Post Electoral Violence & INTERIGHTS / Cameroon - 272/03


Decision of the Commission

137. Based on the foregoing reasons, the African Commission Decides that:

1. The provisions of Article 1 of the African Charter impose on States Parties an obligation of Result;

2. The State of Cameroon failed in its general obligation as set forth and sanctioned under Article 1 of the African Charter and consequently the State of Cameroon has an obligation of RESULT;

3. Due to its obvious lack of diligence, the State of Cameroon is held responsible for the violation of Articles 2, 4, and 14 of the African Charter; and therefore, the State of Cameroon is responsible for the acts of violence which took place on its territory which gave rise to human rights violations, whether these acts had been committed by the State of Cameroon itself or by people other 33; than the State;

4. The State of Cameroon had moreover violated the provisions of Article 7 of the same Charter;

138. Recommends to the State of Cameroon to:

1. Take all the necessary measures for guaranteeing the effective protection of human rights at all times, and everywhere both in times of peace and in times of war;

2. Pursue its commitment to give fair and equitable compensation to the victims and without delay, to pay fair and equitable compensation for the prejudices suffered by the victims or their beneficiaries;

3. That the amount of compensation for the damages and interest be fixed in accordance with applicable laws;

Done in Banjul, The Gambia at the 46th Ordinary Session of the African Commission on Human and Peoples’ Rights held from 11th–25th November 2009.