Merits Complainants’ submissions on the Merits: Alleged violation of Article 1 90. Concerning Article 1 of the African Charter which determines that Member States party to the Charter shall recognize the rights, duties and freedoms enshrined in this Charter, and shall give effect to them, the Complainants allege that failures by the Respondent State to respect the Charter and to ensure its full implementation violate Article 1 directly, and for failing to take necessary and reasonable measures to prevent violations and when serious violations arise, to respond with a thorough, effective and impartial investigation. Alleged violation of Article 2 91. Article 2 of the Charter protects the right to non-discrimination. The Complainants argue that apart from “national origin”, which is included under “status” for the purpose of Article 2, “immigration status” is also envisaged under the ambit of “other status” in the said provision. The Complainants allege that the subjection of the Victims to assaults and other adverse treatment is closely related to their status as non-national asylum seekers and refugees and constitute a violation of the right to non-discrimination. They further aver that the apparent racist malice underpinning the violence also falls short of the State’s obligations to protect every individual against discrimination. Alleged violation of Article 4 92. Regarding the right to life as guaranteed under Article 4 of the African Charter, the Complainants aver that the Respondent State’s duty to safeguard the right to life consists of the duty to refrain from unlawful killing, to take measures to protect life and prevent violations and to carry out a thorough, prompt and impartial investigation in the event of such violations. The Complainants allege that the State failed in all three these respects in the circumstances of the death of the wife and child of the First Victim and the other persons killed during the eviction. 93. Regarding the duty to refrain from unlawful killing, the Complainants allege that the wife and son of the First Victim were killed during the police assault 22