135. However, it should be noted that, in assessing whether the
obligation set out under Article 1 of the Charter has been fulfilled, the
Court does not merely examine whether the Respondent has
enacted legislation or adopted other measures to domesticate thn
Charter. The Court will also assess whether the application of those
legislative or other measures is in line with the achievement of the
rights, duties and freedoms enshrined in the Charter, that is, the
attainment of the objects and purposes of the Charter. This means
that when the Court finds that any of the rights, duties and freedoms
set out in the Charter are curtailed, violated or not being achieved,
th is necessarily means that the obligation set out under Article 1 of
.
the Charter has not been complied with and has been violated.
136. The Court reiterates its finding in Application No. 13/2011
Beneficiaries of Late Norbert Zongo, Abdoulaye Nikiema Alias
Ablasse, Ernest Zongo and Blaise 1/boudo & The Burkinabe Human
and Peoples' Rights Movement v Burkina Faso. In that case, the
Court found that, by not seeking out, investigating, prosecuting and
putting to trial the killers of Norbert Zongo and his companions,
Burkina Faso violated Article 7 of the Charter and that by so doing, it
simultaneously violated Article 1 of the Charter. The Court is also
persuaded by the reasoning of the African Commission with regard
to the ove.rarching applicability of Article 1 of the Charter.29
29
Communication 147/95- 149/96 Sir Oawda K. Jawara v The Gambia 13 1h Activity
Report 1999-2000 paragraph 46 "The Commission held that "Article 1 gives the Charter
the legally binding character always attributed to international treaties of this sort. Therefore a
violation of any provision of the Charter automatically means a violation of Article 1. If a Statv
party to the Charter fails to recognise the provisions of the same, there is no doubt that it is in
violation of this Article. Its violation, therefore, goes to the root of the Charter."
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