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
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