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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents