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African Commission on Human and Peoples' Rights

286/04 Dino Noca / Democratic Republic of the Congo

States Democratic Republic of the Congo
Date October 12 , 2013
Session 52nd Ordinary SessionOctober 09 to October 22 , 2012

Decided on merits

Violated Articles: Articles: 3, 7.1c, 14
Alleged violated articles : Articles: 3, 7, 14
Non violated articles :

The Commission:

- Notes that the Democratic Republic of the Congo has violated the provisions of Article 3, Article 7.1 (c) and Article 14 of the Charter;

- Declares that the transfer of the Noca family building to a third party by the State on the basis of repealed texts is in violation of Article 14 of the African Charter;

- Thus declares that Judgment RCR/C019 of 28 November 2003 is in violation of Articles 3, 7.1 (c) of the African Charter;

- Enjoins the DRC to restore the right to property of the beneficiaries of the late Mr Noca by reinstating their title deed of the disputed building, or failing that, pay them expeditious, just and fair

- Finds that the DRC should compensate without delay for the damages suffered by the Dino Noca family in accordance with the DRC laws in force;

- Declares that the Respondent State should present within a period of 180 days, with effect from the notification of this decision, a detailed report on the measures taken to implement this decision

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