State's right to expel individuals is not absolute and is subject to certain restraints,"
such as "a bar against discrimination based on national origin".
153.
In the present Communication, the damaging acts were perpetrated by a private
party in collaboration with Agents of the State. Although it has not established from
the Complainants' submissions, that the actions of Mading and the Military police
followed from any law of the State, the Commission bears that it is incumbent on
the Agents of the Respondent State to adhere to the State's Constitutional
requirements and for the State to amend any legislation, if such exists, that
undermines the spirit and purport of its Constitutional provisions and relevant
international and regional human rights instruments, principles and standards.
154.
The Commission also adduces that although the Rcsporident State had initiated a
site visit of the Complainants' destroyed property and produced a report of its
investigations to determine the extent of the destruction and the cost of the property
destroyed in order to take the necessary admipistrativ~tmeas'!t~¥S, these initial
actions of the State are insufficient to constitute effective enforcement of its
Constitution and protection of its citizens (the Complainants), from damaging acts
that were perpetrated by private parties.
155.
The Commission therefore infers from the facts before it, that there was unfair
differential treatment against the ComBla~nants in the present Communication,
because the complainants did not receiveequal protection, due to the status of the
other party.34 Accordingly, the Commission finds that there was a violation of
Articles 2 and 3 (2) of the African Charter by the Re§pondent State.
Alleged violation of Article 4 of tHe African Chart~r :. respect for life and integrity
of the person
156.
According to Article 4 of the African Cha;ter, "Human beings are inviolable. Every
human being shall be entitled to respect for his life and the integrity of his person. No one
may be ~rbitrarily deprived of this right."
157.
The Complainants adduce that the sudden raid carried out on their property by the
14 heavily armed 'soldiers in a combat-like manner, amounted to an unlawful
eviction, and Gontravefi~9-'Section 152(c) of the Constitution of South Sudan and
Section 85 of its Land Ad 2009. They further submit that the unlawful eviction had
the potential of causing death to a pregnant woman, her unborn child, an elderly
woman with medical history of hypertension and young children, constitute a
violation of their right to respect for life and integrity of the person stipulated in
Article 4 of the African Charter.
.
~
158.
28