victim(s) including in appropriate circumstances the immediate family and Defendant States are responsible for the violations of this right by all their organs ( Executive, Legislative and Judiciary) as well as all other public or governmental authorities at all levels. Derogations is not permissible even in times of emergency, including in situation of armed conflict or in response to threats such as terrorism. In terms of the scope of the terms “arbitrary deprivation of life, the following principles have emerged: a. The deprivation of life is arbitrary, if it is not permitted under international law or under protective domestic legislation. In interpreting arbitrariness, regard must be had to such considerations as appropriateness, justice, predictability, reasonableness, necessity and proportionality. Any violation arising from a violation of the procedural or substantive safeguards in the African Charter including on the basis of discriminating grounds or practices is arbitrary and thus unlawful. b. The failure of the State to transparently take all necessary measures, to investigate suspicious deaths and all killing by State agents and to identify and hold accountable individuals or groups responsible for violations of the right to life constitutes a violation by the State of that right. This is even more the case 22

اختر الفقرة المستهدفة3