Bernado Vieira Junior and Thirzah de Pinoa Bernado
Vieria, who all are children of the late President sought to
intervene voluntarily in the proceedings, and declared that
they share in all the arguments presented and orders
sought by their mother, who is the main Plaintiff/Applicant
in the instant procedure.
The State of Guinea Bissau file its Memorial in Defence at
the Registry of the Court on 25 Januarys 2018.
III – Pleas – in Law by the parties
In support of her Application, Plaintiff/Applicant argued
that the facts of the case as exposed by her constitute a
violation of the right to life, and the violation of the right to
fair hearing.
In support of the violation of the right to life, Mrs. Nazaré
Gomes de Pina invokes the following instruments:
- Article 3 of the Universal Declaration of Human
Rights, which provides that: « Everyone has the right to
life, liberty and security of person » ;
- Article 6§1 of the International Covenant for Civil and
Political Rights, which provides that: « Every individual
has the inherent right to life. This rights shall be
protected by law. No one shall be arbitrarily deprived of
his life. » ;
- Article 4 of the African Charter on Human and Peoples’
Right, which provides that: « Human beings are
inviolable. Every human being shall be entitled to
respect for his life and integrity of his person: no one
may be arbitrarily deprived of this right. »
According to Plaintiff/Applicant, the preservation of this
right places a positive obligation on States to take all
necessary measures for the protection of the lives of the
persons living under their jurisdiction namely, by the
3