adoption of a concrete dissuasive criminal legislation, and
application mechanisms, which are conceived to prevent,
quell and sanction the violations of the right to life.
She further averred that, to expatiate the import of such
an obligation, it is not sufficient for a State to adopt a
criminal legislation for it to be considered to have carried
out its obligation of protection; the State should also put in
place the necessary means to ensure that whenever there
is an infringement upon the right to life, it shall effectively
be sanctioned.
In regard to the right to fait hearing, Plaintiff/Applicant
cites the following provisions:
- Article 10 of the Universal Declaration of Human
Rights, which provides that: « Everyone is entitled in
full equality to a fair and public hearing by an
independent
and
impartial
tribunal,
in
the
determination of his rights and obligations and of any
criminal charge against him. » ;
- Article 14 §1 of the International Covenant for Civil
and Political Rights, which provides that: « All persons
shall have the right to have their cause heard fairly and
in public by a competent, independent and impartial
tribunal established by law, which shall decide the well
– foundedness of any criminal charge against him,
whether his claims on his civil rights and obligations
(…) » ;
- Article 7 §1of the African Charter on Human and
Peoples’ Rights, which provides that: « Every individual
shall have the right to have his cause heard. This
comprises: a) the right to appeal to competent national
organs against acts violating his fundamental rights as
recognised by and guaranteed by conventions, laws,
4