186. Specifically in respect of Children, the Court takes cognisance of the
concluding observations of the United Nations Committee on the Rights of
the Child which stated that it is:59
extremely alarmed about the killings of children with albinism including for
ritual purposes …[and] concerned that the root causes of the violence
including murder, mutilations, and trafficking of body parts, are insufficiently
addressed, that prosecution of offenders is hampered by fear and the
reported complicity of some State authorities, and that children with albinism
have been placed in boarding schools/shelters for children with special
needs.
187. With respect to accountability, the Court notes that the evidence adduced
by the Applicants demonstrate that as of January 2014, only 11 out of the
139 reported cases, resulted in convictions by the national courts. Also, of
the 76 murders of PWA documented in the Respondent State’s territory
since the year 2000, only five cases are known to have resulted in
successful prosecutions.
188. The Court observes that, the Respondent State contends that since 2006 to
the date of the filing of the present Application, it had prosecuted 49 cases
involving PWA and convicted the perpetrators accordingly. Given that the
number submitted by the Applicants as of 2014 was 139, the Court finds
that at least 90 cases would not have been resolved favourably, which
unfortunately is a high percentage.
189. In light of the foregoing, the Court finds that the Respondent State has not
effectively discharged its duty to prevent, effectively investigate and punish
perpetrators of killings of PWA.
190. Accordingly, the Court finds that the Respondent State violated the right to
life under Article 4 of the Charter and Article 6 of the ICCPR.
United Nations Committee on the Rights of the Child – Concluding observations on the combined
third to fifth periodic reports of the United Republic of Tanzania CRC/C//TZA/CO/3-5, §§ 29-31.
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