(damage or injury) caused by an act or omission which results in the termination of life.9o In the case of the Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) vs. Kenya,91 the Commission held that the State must take positive and concrete measures to guarantee the right to life, especially in the case of vulnerable and exposed persons, whose care becomes a high priority. 157. The Complainants submitted that the Respondent State violated the rights of the first, third, and fourth Victims under Article 4 of the African Charter and the corresponding obligations outlined in General Comment No.3 on ",'the,t Right to Life. Accordingly, the Complainants submitted that States must protect.detairl~~iinrividuals from violence and emergencies that may threaten their lives. This .' ilso includes ensuring that detainees have access to primary living conditions, such ,4equat od, water, ventilation, a sanitary environment, and necessary h inGl'tldin aternal healthcare and antiretroviral drugs. 158. The Commission considered the submis§ion by theiC;ompJainants and found violations of Article 4 as a result of gravelY;,in~dequa't~filldi.nlj~ane conditions that failed to meet the basic requirements of a dignified life while",' 'eral detention Jacilities. Secondly, the first Victim's death sentence for ap9~,tasy{ftK te of health an'ciassociated threats was traumatic. Thirdly, for failure to p~<;?tect the " lainants' lives despite the known threats from Islam,i~1Jp,ndamentalistgrqups,lwhich 1 e first, third, and fourth Victims "" ..'A>kb;:.;""'<:, vulnerable and.£&ieeiNhem to"leave Siidun fo secure ,.' safety. ,:\,1>; ';'1~?"C::" ~X::::~~it:' - ' ,. 0 ' -, - .~~;.~~ 159. The Commissibn'remain guided by its position in the Malawi African Association, Amnesty International, Ms~<Sarr Diop, Union interafricaine des droits de l'Homme and RADDHO, Collectif des " ayants-Driot, . Mauritanienne des droits de l'Homme vs Mauri,t9:tf/a,92 by the C that it is a violation of Article 4 when indiviq,uals<,""ere and attention, subjected to torture that culminated in deith, o'rforced to '''to fear for their lives. r. ',;':;'_';J, < -" ·)t.; 160. For these reasons, the Co~misslOn finds the Respondent State violating Article 4 of the African Charter. On Alleged Violation of Article 5: Prohibition Treatment 161. Article 5 of the African Charter states that: of Torture and Cruel, Inhuman and Degrading Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status; All forms of /I 01 ~\U /' 1'/4 General Comment No, 36 of the UN Human Rights Committee on Article 6 of the International CoYenahf bn,ff'';, .. i'Y""(c '-IIf" and Political Rights" r para 6 .,,~ -;)) v"" '/' (' 90 l C I e, 91 Commun.ica~on 276/03 92 para 217, " Communication 205/97, Kazeem Ammu v. Nigeria, 11 May 2000, Para 18, . ,~ (:~ o ( ,'i{_ ,?, \ "A ''t, '--\ (; ~'l" ;"1. IlJ ~ ,~G \....' AU.IIA ~. ! s v--; . ..35'-)""!· o.I·v", -;;;' '/i"; .... lJ-RII p..\t.. ...... 01,~ "\ '" _ "F FT nf t '<."", ..

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