clinical findings, including tlte cause of death. The requirements
of
promptness and reasonable expedition are implicit in this context".
67.
The conduct of the Respondent relative to the treatment of the circumstances
surrounding the suspicious death of the Applicants' brother as evidenced in
the present case exhibits a sheer lack of commitment to its responsibilities
under the African Charter.
68.
In view of the above analysis, it is difficult to discern the reason why the State
protracted investigation into the death of the Applicants' brother even when
its officials had exclusive knowledge of the facts surrounding his death. In
this wise, the Court notes that the totality of lack of due diligence which looks
like a deliberate delay, depicts the involvement of the, State officials in this
case. The prolonged delay casts a doubt in the mind ofthe Court as to whether
the deceased died of malignant hypertension and severe hypertension
cardiovascular disease or the acts of the State officials during interrogation
exacerbated his hypertension thereby leading to his death.
69.
The obligation to protect the right to life under Article 4, read in conjunction
with the Member State's general duty under Article I to 'recognise the rights,
duties and freedoms enshrined in this Charter ', requires by implication that
there should be some form of effective official investigation when individuals
in the custody of State agentq die in unclear circumstano"r espicially where
formal complaints are made to rule out the involvement of its officials and
identify those responsible. This obligation is not confined to cases where it
has been established that the death was caused by an overt act of an agent
of
the State, but in all circumstances bereft of natural causes of death.
71
M fQ^@J