11. According to the Applicants, nearly 70% of the victims of mutilations and
killings of PWA, are children, as they are seen as easy targets and also
considered to have innocent souls more suitable for magical purposes of
wealth generation. It is the Applicants’ contention that children as young as
seven months old, have been killed or mutilated in order for the perpetrators
to extract their body parts.
B. Alleged violations
12. The Applicants allege violation of the following:
i.
The right to life protected under Article 4 of the Charter;
ii.
The prohibition against torture, degrading and inhumane treatment
under Article 5 of the Charter, Article 7 of the International Covenant on
Civil and Political Rights (hereinafter referred to as “ICCPR”), Article 16
of the African Charter on the Rights and Welfare of the Child (hereinafter
referred to as “Children’s Charter”);
iii. The prohibition of sale, trafficking and abduction of children under Article
29 of the Children’s Charter;
iv. The right to dignity protected under Article 5 of the Charter;
v.
The right to non-discrimination protected under Article 2 of the Charter;
and
vi. The right to an effective remedy guaranteed under Article 7 of the
Charter.
III.
SUMMARY OF THE PROCEDURE BEFORE THE COURT
13. The Application was filed on 26 July 2018 and served on the Respondent
State on 5 September 2018. The Court extended the Respondent State’s
time to file its Response on 14 November 2018, 17 December 2018 and 12
March 2019 but it did not file its Response within the deadlines.
14. Pleadings were closed on 30 June 2022 and the Parties were duly notified.
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