This allegation also supported by the oral testimony of the Plaintiffs’ eye witnesses
was not contradicted by the Defence who merely presented witnesses who were not
present at the scene of the event. It is trite law that where an allegation is not
countered especially where the Plaintiff led evidence in that regard it will suffice as
proof.
This court has repeatedly stated that it will not act on mere allegation of violation
but each allegation must be substantiated with some concrete facts as the case may
require.
In Assima Kokou Innocent & 6 Ors V. Rep. of Togo (2013) unreported this court
held that “before it concludes on the issue of occurrence of human rights’ violation,
the concrete proof of the fact upon which the applicants base their claims must be
established with a high degree of certainty, or at least, there must be a high possibility
of the claim appearing to be true, upon scrutiny. In this regard mere allegations do
not suffice to elicit the conviction of the court.
The testimony of PW 2, as earlier noted, raises a doubt as to whether he is a witness
of truth. On one hand he claimed to have seen the police officers forcefully drag the
Deceased out of the vehicle, and the officers jointly beat, kick and hit the deceased
with the head of their guns and the next thing he heard were two gun shots. On the
other hand, PW 2 stated in his testimony that the deceased was shot on the chest and
shoulder. Furthermore, the post mortem report attached to their application reveals
categorically that the deceased did not sustain any lacerating injuries on his body but
a severe hemorrhage on the left limb as a result of gunshot. The question now is,
how then did PW 2 arrive at the allegation of physical assault inflicted on the
deceased whereas the post mortem report states otherwise?
The Court is of the opinion that the testimony of PW 2 was concocted and reflects
no truth. Therefore, no weight may be attached thereof. However, the mere fact that
the witness did not exactly state exactly which part of the body the bullet penetrated
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