Alleged Violation of Article 4
201.
While the African Commission affirms that a higher threshold of rights is
intended for those who are charged with capital offences, 57 and that the
imposition of capital punishment in breach of the due process guarantees under
Article 7 of the Charter constitutes a violation of the right to life protected by
AC
HP
R
Article 4 of the Charter,58 the African Commission finds that there were no such
breaches of due process guarantees under Article 7 of the African Charter in the
instant case to warrant a violation of Article 4 of the African Charter.
202.
While further affirming that capital punishment would also constitute a
violation of Article 4 of the African Charter where the imposition of death
sentence is disproportionate to the gravity of the offence committed, 59 the
African Commission holds that the imposition of the death penalty to the „most
serious crimes‟ would not constitute a violation of the right to life protected
under Article 4 of the African Charter.60
203.
Although the African Charter and the African Commission‟s Resolution
on the Death Penalty61 does not afford a definition of what constitutes „most
serious crimes‟, the African Commission holds that the phrase „most serious
crimes” should be interpreted in the most restrictive and exceptional manner
possible and that the death penalty should only be considered in cases where
Communication 218/98, Civil Liberties Organization, Legal Defence Centre, Legal Defence and
Assistance Project v. Nigeria, Para. 34
58 Communications 137/94, 156/96, and 161/97 International Pen and Others (on behalf of SaroWiwa) v. Nigeria, Para. 78; Communication 61/91, 98/93, 164/97 à 196/97 and 210/98, Malawi
African Association and Others v. Mauritania, Para. 120; and Human Rights Committee, General
Comment No. 32, Para. 59.
59 Communication 240/2001 Interights et al. (on behalf of Bosch) v. Botswana, Para, 50
60 See Thirteenth Annual Activity Report of the African Commission on Human and Peoples‟
Rights, OAU Doc AHG/Dec 153 (XXXVI) annex IV
61 Ibid
57
56
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