Wakilii

Bissangou v Republic of Congo (Communication 253 of 2002)

African Commission on Human and Peoples' Rights · [2006] ACHPR 74 · 2006 Communication Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission alleging non-enforcement of a domestic court judgment awarding damages
Decision
Communication upheld; Republic of Congo ordered to pay the judgment debt and additional compensation for delay

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that the Republic of Congo violated Articles 3, 7, and 14 of the African Charter by refusing to enforce a final domestic court judgment awarding damages to the complainant. The Commission found that the Minister's unjustified refusal to execute the judgment arbitrarily deprived the complainant of equal protection of the law, violated his right to a fair trial (which includes the right to enforcement of judgments), and interfered with his property rights. The Commission ordered Congo to pay the judgment amount and additional compensation for delay.

Outcome

Communication upheld; Republic of Congo ordered to pay the judgment debt and additional compensation for delay

Facts

In 1995, the complainant sued the Republic of Congo and the Municipal Office of Brazzaville for damages to his property caused by soldiers and police during 1993 socio-political upheavals. On 18 February 1997, the Court of First Instance awarded him 195,037,000 FCFA. The judgment became final on 19 March 1997 with no appeal filed. The Minister of Justice requested enforcement in May 1999, but the Minister of Economy, Finance and Budget refused execution in December 1999 without justification. Despite the final judgment, the State refused to pay, prompting the complainant to bring this communication to the African Commission in 2002.

Issues

  1. Whether the Republic of Congo violated the complainant's right to equality before the law and equal protection of the law by refusing to enforce a final domestic court judgment in his favour.
  2. Whether the complainant exhausted local remedies before bringing the communication to the African Commission.
  3. Whether the refusal to enforce the judgment violated the complainant's right to a fair trial.
  4. Whether the refusal to enforce the judgment violated the complainant's right to property.
  5. Whether Article 21(2) of the African Charter (peoples' right to recovery of property) applies to individual property claims.

Orders

  • The Republic of Congo is in violation of Articles 3, 7 and 14 of the African Charter.
  • There was no violation of Articles 2 and 21(2) of the African Charter.
  • The Republic of Congo is urged to harmonize its legislation with that of the African Charter.
  • The Republic of Congo is requested to compensate the Complainant by paying him the amount fixed by the High Court of Brazzaville, namely 195,037,000 FCFA equivalent to 297,333.00 Euros.
  • The Republic of Congo is further requested to pay compensation for the loss suffered by the complainant due to delay, the amount to be determined in accordance with Congolese legislation.

Rules and key headnotes

Right to Equality — Equal Protection of the Law — Arbitrary Refusal to Enforce Court Judgment
A State violates Article 3 of the African Charter when a Minister arbitrarily refuses to enforce a final court judgment in favour of an individual without justification, thereby depriving that individual of the protection of the law accorded to other citizens.
Right to Fair Trial — Enforcement of Judgments as Integral Component
The right to a fair trial guaranteed by Article 7 of the African Charter includes the right to enforcement of a final judgment, as it would be inconceivable to grant individuals the right to bring appeals before national courts without guaranteeing the execution of judicial rulings.
Right to Property — Monetary Compensation as Protected Asset
A monetary compensation granted by a judgment that has acquired the authority of res judicata constitutes an asset protected under Article 14 of the African Charter, and unjustified refusal by a State to honour such a judgment violates the right to property.
Exhaustion of Local Remedies — Ineffective Remedies Need Not Be Pursued
Local remedies need not be exhausted where they are ineffective or subject to the discretionary powers of public authorities. It is unreasonable to require a citizen who has obtained a final judgment for a debt against the State to institute seizure procedures when the State has a duty to honour the judgment under the rule of law.
Peoples' Rights — Article 21(2) Inapplicable to Individual Property Claims
Article 21(2) of the African Charter, which guarantees peoples' right to recovery of property in case of spoliation, applies only to collective rights of peoples and not to individual property claims, even where the individual's property was destroyed during socio-political upheavals.

Legislation cited (12)

  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 21(2)
  • African Charter on Human and Peoples' Rights Article 45
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • Code of Civil, Commercial, Administrative and Financial Procedure (Congo) Articles 405-409
  • Code of Civil, Commercial, Administrative and Financial Procedure (Congo) Article 410
  • Administrative Procedure Code (Congo) Article 293
  • Law No. 17-99 of 15 April 1999 Article 3

Cases cited (8)

  • Amnesty International & Others v Sudan (Communications 48/90, 50/91, 89/93)
  • Metaxas v Greece (Application 8415/02)
  • Burdov v Russia (Application 59498/03)
  • Ruianu v Romania (Application 34647/97)
  • Hornsby v Greece (1997)
  • Stran Greek Refineries and Stratis Andreadis v Greece (1994)
  • Social and Economic Rights Action Center & Centre for Economic and Social Rights v Nigeria (Communication 159/96)
  • Embga Mekongo v Cameroon (Communication 59/91)

Full judgment

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Bissangou v Republic of Congo (Communication 253 of 2002) [2006] ACHPR 74 (29 November 2006)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.