Decision of the African Commission on Human and Peoples' Rights on Merits
57. In view of the above, the African Commission on Human and Peoples' Rights:
a. Declares that the Democratic Republic of Congo has violated articles 1, 7 and 14 of the African Charter and articles 4 (2)(f) and 8 of the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol) in the present case;
b. Declares that the Democratic Republic of the Congo has not violated article 25 of the Protocol to the African Charter on the Rights of Women in Africa (Maputo Protocol);
c. Notes that the final decision handed down by the Congolese courts has recognized the violation of article 5 of the African Charter, article 4 (1) of the Maputo Protocol, articles 2 and 18 (3)of the African Charter, article 2 of the Maputo Protocol, article 11 of the Maputo Protocol and article 14 of the African Charter;
d. Calls on the Respondent State to take the necessary measures for the effective execution of its OMT judgment, namely:
i. Life imprisonment and the resignation of Sergeant Shombo Chance from his duties in the army and to inform the Complainant;
ii. Payment of the $120 savings;
iii. Payment of damages of $10.000;
e. Requests the Respondent State to:
ii. Pay interest at the rate of 6% on the amounts ordered by the OMT judgment;
iii. Put in place measures to guarantee the non-repetition of violations, starting with the establishment of the legislative and institutional framework necessary for the promotion and protection of human rights and the execution of judicial decisions in the State Party, including the establishment of a compensation fund;
iv. Report in writing, within one hundred and eighty (180) days of the notification of this decision, on the measures taken to implement these recommendations.
Done in Banjul, The Gambia, at the 76th Ordinary Session of the Africa Commission on Human and Peoples' Rights held in hybrid mode from 19 July to 2 August 2023
