in the press around 2006, it has taken a proactive and strategic approach to
the protection and empowerment of this vulnerable population.
161. According to the Respondent State, its Penal Code (Revised Edition, 2022)
covers the offences such as murder, manslaughter, grievous bodily harm,
kidnapping and unlawful possession of body parts and provides for
punishment for the same.
162. It also argues that it has ratified international treaties that protect the right to
life inter alia, the Charter, ICCPR, CERD, Convention on the Rights of the
Child (hereinafter referred to as “CRC”), and the Convention on the
Elimination of All Forms of Discrimination against Women (hereinafter
referred to as “CEDAW”).
163. Other measures that the Respondent State claims to have taken is the
issuance of Police General Order No. 7 which provides for community
engagement in security matters.
164. The Respondent State argues that it also set up special task forces for
investigating and prosecuting cases involving violence against PWA. In this
regard, that specific sessions were held by the judiciary to expedite the
hearing of cases relating to the PWA.
165. Furthermore, the Respondent State avers that from 2006 to 2018, its
National Prosecution Services (hereinafter referred to as “NPS”) prosecuted
perpetrators of physical attacks against PWA in which in 42 cases, the
accused persons were charged with murder, while in seven cases, the
accused were charged with manslaughter, and that the accused persons
were convicted and sentenced accordingly.
166. The Respondent State highlights two cases, involving Mwigulu Mwatonange
and Baraka Cosmos, where the accused persons were charged, convicted
and sentenced for attacking PWA. The Respondent State therefore
contends that it has not violated the right to life under Article 4 of the Charter.
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