1. That the 32nd Applicant lacks the locus standi to represent the
Estate of Ebrima Solo Sandeng in this action, he having been
denied locus standi.
2. That section 5 of the Public Order Act does not violate Article 11 of
the African Charter as claimed.
3. That prayers 7, 14 and 15 of the Applicants on grounds of locus
standi are hereby dismissed.
4. That the arrest and detention of the 1st, 3rd, 4th, 5th, 15th, 17th, 26th,
27th, 28th, 30th and 31st Applicants was lawful and did not violate
Articles 5, 6 and 11 of the African Charter. However, the detention
that followed was arbitrary as the period of detention went beyond
the limit permitted by the law of the Gambia before the Applicants
were brought to Court.
5. Declares that the acts of torture, inhuman and degrading treatment
meted out on the 1st, 3rd, 4th, 5th, 15th, 26th , 27th, 28th ,30th and 31st
Applicants violates Article 5 of the African Charter.
6. That the claim for violation of the right to fair hearing of the
applicants fails and is hereby dismissed.
7. That prayer 8 is denied.
Orders and awards
In consequence of which the Court orders the Respondent as follows;
In consequence of which the Court orders the Respondent as follows;
1. To pay the sum of One Hundred Thousand United States Dollars
(100,000 USD) equally to the 1st, 3rd, 4th, 5th, 15th, 17th, 26th, 27th,
28th, 30th for the hardships ad violations of their Human Rights
caused to them by agents of the Respondents.
2. That the Respondent sets up an independent panel of inquiry to
look into the events of the 14th and 16th of April 2016, and also
determine the persons responsible for the arrest, detention, torture
and other forms of ill- treatment of the Applicants be made to give
account of their actions by Putting in place effective measures to
discipline and prosecute the police officers involved.
3. That the Parties bear their own costs.
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