108. Lastly, the reliefs sought before the RPD Committee included an order that
the Respondent State effectively investigate the singular attacks against the
complainants and criminalize the trafficking of body parts.
109. In the present Application, the reliefs sought are much wider as the
Applicants seek an order that the Respondent State adopt a comprehensive
national strategy to eliminate attacks on PWA, set up a fund for advocacy
and services for PWA, reform of laws to recharacterize attacks on PWA as
hate crimes, form a committee to identify victims of attacks and provide
compensation to them, conduct nationwide sensitization campaigns and
train law enforcement, prosecutors and judges on how to effectively
investigate and prosecute perpetrators of attacks against PWA. Resultantly,
the claims are not identical.
110. In the circumstances, the Court finds that the Application has not been
settled in accordance with the principles of the Charter, the Constitutive Act
of the AU or the UN Charter and therefore fulfils the requirement of Rule
50(2)(g) of the Rules.
111. In light of the foregoing, the Court finds that all the admissibility conditions
have been fulfilled and declares the Application, admissible.
VII. MERITS
112. The Applicants allege the violation of the following rights:
i.
The right to non-discrimination protected under Article 2 of the Charter;
ii.
The right to life protected under Article 4 of the Charter;
iii. The prohibition against torture, degrading and inhumane treatment
under Article 5 of the Charter, Article 7 of the ICCPR , Article 16 of the
Children’s Charter;
iv. The right to dignity protected under Article 5 of the Charter;
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