From the totality of the claim, the Applicant’s claim is essentially
predicated on the Defendant’s violation of the right to life of the
deceased (the Applicant’s son). To answer the question raised by issue
no 2, it is necessary to examine the law and the facts relating to the
nature and scope of the right to life and the principles governing them
and juxtapose it with the facts and evidence adduced within the ambit
of the case.
In doing so, the Court shall adopt as its own, the principles of
Responsibility underlying unlawful killing in International law usually
referred to as “(General Comments No 3 on the African Charter on Human and
th
Peoples’ Rights to life)” Adopted during the 57 Ordinary Session of the
African Commission on Human and Peoples’ Rights held from 4-18th
November, 2015 at Banjul, The Gambia (Underlining ours).
i. The right to life covers issues including extra- judicial killings by
State agents. The right to life is protected in the core- regional and
universal human rights instrument including the African Charter on
Human and Peoples’ Rights (Article 4). Disregard for civilian loss
of life may also involve violations of the right to life. The right to
life has been widely recognized as a fundamental right without
which other rights cannot be implemented or realized. It is the
fulcrum of all other rights. It is non – derogable and applies to all
persons at all times including institutions of Government.
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