genuine and timely review of the case, including the facts and the
law….”80
219.
The African Commission notes that the concerns, needs and interests of
victims can only be addressed in judicial proceedings when these
proceedings are impartial, taking into consideration facts and appropriate
laws. The primary concern should therefore be to ensure that victims of
AC
HP
R
human rights violations are redressed accordingly by given them an
opportunity to appeal decisions from other judicial bodies.
220.
Particularly, the appeal mechanism must be premised on the recognition
that the right to appeal is a fundamental right under international law in
which all victims are entitled to. Failing to allow victims appeal decisions
in the opinion of the African Commission, is contrary to the guiding
principles and spirit of the African Charter and other international and
regional instruments.
221.
In the present Communication, after the Victims appealed to the PPO and
were not satisfied with the result, they appealed to the Appeal Chamber
which dismissed their appeal and upheld the decision taken by the PPO
not to prosecute the perpetrators. Thus, in effect, the Victims had an
opportunity to be heard by the Appeal Chamber, and therefore cannot
claim that their right to appeal under Article 7 of the African Charter was
violated. Furthermore, their appeal was also entertained by the PPO even
though the result was not satisfactory to them.
80
Ibid Section N(10)(a)(i).
64
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