246. Citing the Court’s decision in Beneficiaries of the late Norbert Zongo v.
Burkina Faso, the Applicants submit that the failure of a State to act with
due diligence in “seeking out, prosecuting and placing on trial” those
responsible for human rights violations amounts to a violation of Article 7 of
the Charter.
247. According to the Applicants, the Respondent State has violated the PWA’
right to an effective remedy, as guaranteed by Article 7 of the Charter due
to the alleged inadequacy of judicial response, including the limited number
of successful prosecutions and convictions related to attacks on PWA, as
well as the lack of adequate compensation and support for victims.
248. The Respondent State contends that it has taken certain measures to
guarantee the rights of PWA which include: Legislative, judicial and
administrative measures. In this regard, the Respondent State argues that
it enacted laws to protect PWA such as Constitution, Persons with
Disabilities Act and the Legal Aid Act 2017.
249. As for the judicial measures, they include setting up of mobile courts and
amending the interpretation act to remove language barriers for PWA.
According to the Respondent State, administrative measures it has
undertaken include, setting up a reporting system where information
regarding attacks of PWA and the perpetrators of such attacks are
communicated to the relevant authorities.
***
250. Article 7 of the Charter reads as follows:
1.
Every individual shall have the right to have his cause heard. This
comprises:
a. the right to an appeal to competent national organs against
acts of violating his fundamental rights as recognized and
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