including one Yayan Gida known to be a violent extremist responsible for
the death of several people.
e. That in these circumstances, the Defendant cannot be said
to have
violated Articles 3,5,7 and 8 of the Universal Declaration of Human Rights
or Articles 5,6, and 7 of the African Charter on Human and Peoples’ Rights.
The Defendant’s plea and submissions have been restated for emphasis.
The issues raised by the claim and submissions of the parties raise fundamental
questions regarding the general concerted effort by mankind against terrorism on
the one hand and international protection of human rights on the other.
There appears to be only one issue for determination; namely:
Whether the injury caused by the agents of the Defendant to the 2nd -12 Applicants
constitute a violation of their human rights especially right to life and whether the
death of the deceased as represented by the 1st Applicant is justified in law. To
answer these questions, the Court will consider the law and marry them with the
facts to arrive at an informed decision.
One of the side effects of terrorist activities and the international response to it
has been the tendency to pit the ideas of liberty and security against each other.
The notion of terrorism has often been viewed (especially by Governments and
their agents) as being in conflict with protection of human rights. This is basically
the perceived conflict in the instant case.
Indeed the notion of human rights protection has often been viewed as being in
conflict with protection from terrorism.
International human rights standards emerged from a need, and obligation to
control violent and extreme behavior which terrorism tends to perpetrate. Thus a
general abrogation and violation of human rights in the face of threat from
terrorists amounts to succumbing to the blackmail and threats of violent acts by
extremist groups.
It is now generally accepted that the International Human Rights framework is
applicable to dealing with the terrorist threat, from addressing its causes, to
dealing with its perpetrators, to protecting victims, and to limiting its
consequences.
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