right to enhanced protection. The political leaders surely
are among this group of people, the first in line is the Head
of State, who must benefit from strict and enhanced
measures of preservation.
In the instant case, the circumstances that led to the death
of President Vieira, certainly leaves room to see that there
was a failure. Having being assassinated by armed
assailants, and particularly in atrocious conditions, right
at his residence, he certainly did not enjoy adequate
protection. In the least, the Defendant State never tried to
deny its culpability on this issue, for, it has never brought
proof that the late President was, at the time of his
assassination, enjoying any specific safeguard measures.
1. At this juncture, the Court wishes to recall that in a
very recent past, a similar case was brought before it,
which was decided in the Ruling of the « Heirs of
Ibrahim Baré Mainassara v. Niger Republic » (dated 23
October 2015). In the case under reference the parties
were, on the one hand, the heirs of the deceased
President of the Republic of Niger, who was equally
assassinated, and whose heirs too sought reparation,
and, on the other hand, the State of Niger. The Court
declared « … there is no doubt that the late President
Mainassara Baré’s right to life and physical integrity
was violated to the highest degree, since he was killed.
Now, it is established that it was the duty of the
Republic of Niger to ensure his protection, in his capacity
as President of the Republic. Manifestly, the Republic of
Niger failed in its duty. Consequently, the Court finds
that omission and holds that the Republic of Niger must
be sanctioned. » (§71)
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