of International Law Commission which provides "the conduct of an organ of State
shall be considered as an act of that State under International Law, whether that organ belongs
to the constituent, legislative, executive, judicial or other power, whether its functions are of
international or subordinate position in the organization of the State".
There is evidence that the Plaintiffs made formal complaints to the agents and
authorities of the Defendant who promised to investigate but never did.
International law places a duty on States to investigate alleged infractions of
rights of its citizens especially where formal complaints are made. Apart from
any other acts or omission alleged on the part of the State or its officials, failure
to investigate such allegations itself constitutes a breach of the States duty under
International law.
The Defendant having failed to investigate the Plaintiffs allegations in order to
decipher the truth and hold accountable those responsible for the alleged act is in
violation of its obligation to fulfil its commitment to protect the rights of the
Plaintiffs.
DECISIONS:
The Court adjudicating in a public sitting after hearing the parties in last resort
after deliberating according to law.
AS TO THE MERITS:
DECLARES:
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