The circumstances of the two cases remain rigorously
comparable, and justify that the Court should reiterate its
jurisprudence. Consequently, there is need to hold that the
right to life of President Vieira was violated.
b) On the second plea drawn from the violation of the
right to fair hearing
Whereas the main Plaintiff/Applicant also claimed that her
right to fair hearing was violated by the Republic of Guinea
–Bissau.
The Court holds that there is no doubt that it is the
responsibility of the State to ensure rigorously that the
crime committed against President Vieira should not go
unpunished. This obligation can concretely be interpreted
by the resolve of the State to do everything possible leading
to the manifestation of the truth, namely by carrying out
judicial investigations, and holding a trial, so that on the
one hand, the perpetrators of the crime can be identified
and punished, and, on the other hand, the victims who
have taken their case before the court can obtain
reparation, all things been equal.
In the instant case, it is not contested that since the
assassination that occurred on 2 March 2009, the criminal
procedure that the Defendant State claims to have initiated
did not record any tangible progress. At no period during
the trial has the Republic of Guinea - Bissau demonstrated
or specified the steps taken, to ensure the diligent
continuation of the judicial investigations. Certainly, the
Defendant State claimed this delay was due to the political
situation of the country, which is characterized by
instability.
The Court cannot be convinced by these justifications.
Indeed, on the one hand, they were never supported by
probing facts. The Court could have been persuaded, if the
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