See The Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Survivors of Violations of International Human Rights and Humanitarian Law,
GA RES 60/147, PMBL, SEC IX, UN DOC A/RES/60/147 (MARCH 21, 2006)
66. An individual can bring an action on behalf of another only when Applicant is a
close relation of a victim of violation of human rights. Following from the above,
the Court holds that another teleological interpretation is that individuals who are
not direct victims can ground an action before the Court if they are relation of the
direct victim of violation of human rights. The above position is further supported
where the Court stated that whilst the issue of mandate cannot be dispensed with in
a representative capacity; an exception to the requirement was made in STELLA
IFEOMA & 20 ORS V. FEDERAL REPUBLIC OF NIGERIA (2015) thus:
“when it becomes impossible for him whose right is violated to insist on that
right or to seek redress, either because he is deceased or prevented in one
way or the other from doing so, it is perfectly normal that the right to bring
his case before the law Courts should fall on other persons close to him…”
This was further emphasized when the Court held that:
“if for any reason, the direct victim of the violation cannot exercise his/her
rights, in particular, for being irreversibly incapacitated or having died as a
result of the violation, the closest family members can do so, while assuming
the status of indirect victims.”
67. It follows from the above that a victim can be a person who suffers directly or
indirectly any harm or pain (physical or mental injury), emotional suffering (through
loss of a close family member or relation), economic loss (loss of Properties) or any
impairment that can be categorized as human rights violation. Additionally, other
than the loss, harm or damage, an Applicant must prove an interest in the matter
which must be direct and personal. This Court has through several decisions made
exception for individuals and organizations who have not suffered directly or
personally to institute actions in a representative capacity on behalf of victims.
68. Since the Respondent contend that that Applicants 2-6 cannot maintain this
action for themselves having not establish any loss as victims, the court will now
analyse all facts as presented by Applicants 2-6 to determine their status as victims
or otherwise.
69. Applicants 4 & 5
The Court having reviewed the testimonies of Applicants 4 & 5 confirms that they
alleged loss of children, grandchildren and family members respectively. Therefore
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