Dam, which ultimately resulted in his death is illegal and a violation of Articles 2, 3, 4, 5, 18 and 23 of the African Charter. To Him, by its negligence, the Defendant herein has thus infringed on the right to life of the deceased, the dignity of his person as well as his security. iv. The effect of the African Charter is that States will be responsible if they act without due care and diligence in preventing the violation of the right to life or for failure to investigate and punish acts violating the rights enshrined and must also pay adequate compensation. To further buttress his argument reliance was placed on the case of Amnesty International Vs. Sudan (2000) AHLR 297 (a decision of the African Commission on Human and Peoples’ Rights) where it was held that the Government has a responsibility to protect all people residing under its jurisdiction and even when the Country is going through Civil War, the State must take all possible measures to ensure that its Citizens are treated in accordance with International Humanitarian Law. See also; Malawi African Association & ors Vs. Mauritania (2000) AHLR 149 at 164-165. v. That the duty of due diligence in International law extends to the obligation of a State to prevent human rights violations and where they occur, to investigate, prosecute and punish the perpetrators and failure to this incurs the responsibility of the State. The State is also obliged to provide effective remedies to victims of human rights violations and 11

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