In DJOT BAYI TALBIA V. FRN & 3 ORS, 2004-2009 Pg 265, para 40, the court
was of the opinion that for the fact that the Defendants presented the Applicants
before the press when no Judge or Court has found them guilty, certainly constitutes
a violation of the principle of presumption of innocence such as provided in Article
7 (b).
The later part of Article 7 (2) states: “punishment is personal and can be imposed
only on the offender”.
The implication of the above is that collective punishment for acts allegedly
committed by one person is entrenched, this is indeed reprehensible and
condemnable.
Collective punishment is a form of sanction imposed on persons or a group of
persons in response to a crime committed by one of them or a member of the group.
As noted by the International Committee of the Red Cross (ICRC), the concept
of collective punishment does not refer to sanctions imposed pursuant to the
application of penal law characterized by respect for due process, but rather to
penalties of any kind inflicted on persons or entire groups of persons, in defiance of
the most elementary principles of humanity, for acts that these persons have not
personally committed.
From the facts before this court, it is clear that the reason behind the demolition is
the kidnapping menace in the Respondent’s state. It is also clear that the Applicants’
are victims of an unsubstantiated allegation not against them but against one member
of their family.
In investigating incidents of this nature, State authorities have an additional duty to
take all reasonable steps not only to unmask any kidnap suspect, but to establish
whether or not his relatives have played a role in the chain of events. The Defendant
has failed to devote the requisite attention into such sensitive factors before
embarking on demolition of the property.
Punishment is personal and can be imposed only on the offender. It should not be
extended to any other. Denying the uninvolved the right to have a roof over their
heads means using them for the sole purpose of deterrence to others. It implies that
such uninvolved persons were used as a means to serve an external purpose which
in turn constitutes a violation of a collection of rights viz: rights to dignity, right to
property, right to be heard and the right to be presumed innocent.
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