disabilities. However, the Court observes, that the Respondent State has
not submitted sufficient evidence to indicate that it has undertaken a
concerted approach to detect, investigate and prosecute the perpetrators of
attacks on PWA.
221. Furthermore, it failed to diligently investigate, prosecute and punish the
perpetrators of the acts of torture. Resultantly, the Court finds that the
Respondent State has been complicit and by implication, ratified the actions
of torture of the private actors. In the circumstances, the Respondent State
has violated the right not to be subjected to torture.
222. Accordingly, the Court finds that the Respondent State violated Article 5 of
the Charter and Article 7 of the ICCPR by failing to protect PWA from torture,
cruel, inhumane and degrading acts occasioned on account of their
albinism.
D. Alleged violation of the right to inherent dignity
223. Citing the Commission’s communication of Purohit and Another v. The
Gambia, the Applicants aver that “human dignity is an inherent basic right
to which all human beings, regardless of their mental capacities or
disabilities … are entitled to without discrimination.”
224. The Applicants in reference to the Canadian case of Law v. Canada
(Minister of Employment and Immigration), submit that human dignity is
related to physical and psychological integrity and empowerment.
Furthermore, that human dignity is negatively impacted by unfair treatment
based on personal traits and circumstances which do not relate to individual
needs, capacities or merits.
225. It is the Applicants’ submission that PWA are treated less like humans and
more like goods as they are hunted for their body parts and are perceived
as “gateway to riches”.
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