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
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