They failed to produce any evidence emanating from the school where the deceased children were attending or prove that the alleged loss of education was as a result of the unlawful death of their father. In the case of “Street Children” (VillagránMorales et al.) v. Guatemala Judgment of May 26, 2001 the Court stressed that certain conditions must be met in order to constitute a damage and the resulting right to reparation; these include the existence of a relationship of effective, regular financial support between the victim and the claimant and the possibility of realistically presuming that this support would have continued if the victim had not died. Consequently, the Court holds that there has been no violation of Article 17(1) of the African Charter as Plaintiffs have failed to lead sufficient evidence to substantiate their claim. WHETHER OR NOT AN EFFECTIVE INVESTIGATION WAS CARRIED OUT BY THE DEFENDANT ON THE ALLEGED UNLAWFUL KILLING OF THE DECEASED The Plaintiffs contend that the Defendant failed to carry out effective investigation into the unlawful killing of their father Ikyase Chia and discipline the police officers who were involved in the case. A State has a legal duty to take reasonable steps to prevent human rights violations and to use the means at its disposal to carry out serious investigation of violations committed within its jurisdiction to identify those responsible, impose appropriate punishment and ensure the victim’s adequate compensation. This obligation requires that states maintain mechanisms and procedures through which investigations can be initiated. 28

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