mentioned herein above. It therefore follows that an alleged violation of human
rights is admissible and justiciable for adjudication. In the instant case the
allegation is on violation of human rights of the applicant's property by the
servants' of the defendants- the Republic of Ghana and therefore there is a prima
facie case against the defendant and this Court has jurisdiction to determine the
dispute herein.
State Responsibility
26. There is consensus in the evidence relied upon by both parties, the applicants
on one part and the defendant on the other that the two policemen who aecosted
the applicants' driver and two apprentices were police uniformed men in the
service of the Respondent/defendant at the time the incident occurred and that they
took away the goods of the applicants and gave or sold to an unknown person who
gave them Forty Ghana Cedis (GHc 40.00), the equivalent of Twenty United
States' Dollars (US$ 20.00) in return. It was also common knowledge that the two
policemen
were traced,
prosecuted,
convicted
and
sentenced
to 20 years
imprisonment for their action. The question at stake is whether the defendant is
under international obligation to become responsible for the acts of its citizens who
violated the rights of other community citizens within the territory of the
defendant.
27. Defendant's argued that the Republic of Ghana should not be held responsible
for the action of the two policemen as their actions being criminal in nature same
cannot be attributed to the Defendant after the policemen had been prosecuted,
convicted and sentenced to 20 years of imprisonment by a court in Ghana-the
defendant. According to the defendant their international obligation is discharged
upon the prosecution and sentence of the culprits in this case. However, the
plaintiffs refuted that argument that even though the policemen had been convicted
and sentenced, the issue as to their property which was the subject of the theft
remains untried and unsettled. They submitted that the violation of their rights to
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