should have investigated the circumstances of the death with a view to preventing
future occurrence and /or prosecuting and punishing officials who may be found
wanting in their conduct relating to the loss of life of the Applicant’s son. This
equally amounts to a violation of the international obligations of the Defendant under
the African Charter. See Mulezi Vs. Democratic Republic of Congo (Supra).
It is equally axiomatic that no steps were taken to assuage the feelings of the
Applicant by way of reparation for the loss he suffered. Above all, it is undignifying
to have removed the corpse of the deceased by means of a hook.
The rule is simple:
“Every internationally wrongful act of a State entails the international
responsibility of that State”
Aside from the above, the internationally wrongful act must be attributable to the
State under international law and also constitute a breach of an international
obligation of that States. The Consequence of the breach of an international
obligation entails a duty to make a full reparation for the injuries caused.
In this direction, the Defendant is a party to the African Charter, the Charter
recognizes and protects the right to life of all human beings including the deceased
in this case. The circumstances leading to the loss of life of the Applicants’ son was
due to the acts and /or omission of the officials of the NDA, an institution of the
Defendant for failure to take steps to preserve the loss of the life of the deceased
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