not violated any of the Applicants’ rights provided by the African Charter on
Human and Peoples’ Rights.”
***
118. Article 1 of the Charter provides as follows:
The Member States of the Organization of African Unity parties to the
present Charter shall recognize the rights, duties and freedoms
enshrined in this Charter and shall undertake to adopt legislative or
other measures to give effect to them.
119. The Court recalls that in instances where an allegation of violation of Article
1 of the Charter has been raised, it has held that “when the Court finds that
any of the rights, duties and freedoms set out in the Charter are curtailed,
violated or not being achieved, this necessarily means that the obligation
set out under Article 1 of the Charter has not been complied with and has
been violated.”42
120. In the present Application, the Court has established that the mandatory
nature of the death penalty in the Respondent State is a violation of Article
4 of the Charter. Resultantly, the Court also finds that the Respondent State
has violated Article 1 of the Charter.
VIII. REPARATIONS
121. The Applicants pray the Court for a declaration that the Respondent State
has violated their rights under Articles 1, 2, 3, 4, 5, 7 and 9 of and for an
“order for reparations.” The Applicants also pray the Court for any other
order or remedy as it may deem fit.
122. The Respondent State prays that “the Applicants’ prayers not be granted
and be dismissed in their entirety.”
42
Nguza Viking v. Tanzania (merits), supra, § 135.
32