Court has jurisdiction to determine cases of violation of human rights that occur
in any Member State.
This provision envisages that it is the Member State whose action or
omission resulted in the violation of the rights of the individual as enshrined in
human right instruments that is the appropriate defendant. In other words, it is
the State as an entity in international law that assumes responsibility; officials
of such states or component parts or government are mere agents whose acts
are attributable to their States in international law in appropriate circumstances.
Individuals, component parts of a State and other institutional categories
are not necessary parties before the Court. Matters relating to human rights
violations between individuals belong to the national or domestic Court of
Member States. It is only a member State under these arrangements that can
be sued as a defendant. Individuals of any category or creed are not
recognized as Defendants in a human rights actions before the Court.
Accordingly the 3rd, 4th, 5th Defendants have no business of being parties
to this suit. In this regard, the names of the 3rd, 4th and 5th Defendants are
hereby struck out of the proceedings for not being appropriate parties. With
regard to the 2nd Defendant it is absurd that the Plaintiffs also instituted this
action against it.
From the facts without alluding too much law it is obvious it was the 1st
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