of different ages; it is not clear whether the claim in respect to the child would be equal to the claim in respect to an adult within the group. According to the Respondent State, the damages are not due because there is no violation of Articles 1 and 4 of the African Charter by the Respondent State. African Commission’s analysis on Merits 94. Before the African Commission delves into analyzing whether there has been AC HP R a violation of Articles 1 and 4 of the African Charter or not, the African Commission will first establish whether the four deceased persons referred to in the Communication were killed by agents of the Respondent State in circumstances amounting to wrongful death, summary executions or extrajudicial killings through an excessive use of force. 95. There is no clear provision in the African Charter that defines the concepts of wrongful death, summary executions or extra-judicial killings. However Article 60 of the African Charter urges the Commission to draw inspirations from international law on human and peoples‟ rights, as well as from the provisions of various instruments adopted within the specialized agencies of the United Nations of which the parties to the Charter are members. 96. The Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions (the Principles) according to which extrajudicial, summary and arbitrary executions shall “not be carried out under any circumstances including, but not limited to situations of internal armed conflict, excessive use of force by a public official or other person acting in official capacity or by a person acting at the instigation, or with the consent or acquiescence of such a person, and situations in which deaths 25

Select target paragraph3