words on the Plaintiffs is therefore in violation of Plaintiffs rights as provided
under Article 5 of the African Charter on Human and Peoples’ Rights.
From the totality of evidence offered, it seems that the whole hug of the operation
was targeted against women. This systematic sting operation directed against only
the female gender furnishes evidence of discrimination. There is an obligation
placed on State Parties to Convention on Elimination of All Forms of
Discrimination against Women (CEDAW) to adopt laws, administrative and
Policy measures to prevent gender based discrimination. Prostitution is claimed
to be a crime in the laws of the Defendant. However, it takes two persons to
engage in such criminal activity. There is no law that suggest that when women
are seen on the streets at midnight or anytime thereafter, they are necessarily idle
persons or prostitutes. If it were so, it ought to apply to all persons irrespective of
sex.
Whether from the totality of facts adduced the Defendant is in breach of its
obligation as alleged
The Defendant in this case did not furnish this Court with any evidence to prove
the allegation of prostitution and they have not shown that the Plaintiffs were
arrested flagrantly committing the offence as a justification for the arrest.
Having arbitrarily arrested, detained and harassed the Plaintiffs, the officials have
violated the rights of the Plaintiffs’ under Articles 5 and 6 of the African Charter
on Human and Peoples’ Rights and Article 9(1) of the ICCPR.
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