journalists are not investigated, let alone to prosecute the suspects, the State will
be in breach of its obligation under the Treaty and also the A CHPR, as such
impunity has the effect of denying the journalists the right to function and thus
stifling freedom of expression. These two claims also succeed on the facts.
The last issue is the failure to provide redress. The plaintiffs claim the Defendant
has not provided the deceased's family with any redress or compensation for his
death and the violation of his freedom of expression; and that the failure to
effectively investigate his death and identify the perpetrators has prevented them
from seeking compensation themselves.
Since February 2005 no attempt has been made to conduct any meaningful
investigations into the murder of the deceased. The eyewitnesses spoke about
threats to the deceased which the deceased recounted to them in his lifetime.
The NIA did not contact these witnesses for any details as to those threats. The
personal safety of these witnesses who genuinely - feared for their lives was not
guaranteed to enable them assist in the enquiries. The NIA was quick to. put the
docket away knowing full well that the eyewitnesses had been scared off.
However, we have failed to find a direct linkage of the Defendant to the murder
of the deceased. The Defendant is held responsible for the apparent lack of
effective investigations into the murder. The linkage of the climate of impunity
and abuse of freedom of expression to the murder is also difficult to conclude as
there is no iota of evidence as to who carried out the murder. A list of suspects
was thrown up most of who are private persons with no connection to the
Defendant. So whatever award that will be made will only' take into account the
Defendant's failure to conduct effective and impartial investigations into the
murder.
Decision
-
For reasons already explained this court upholds the claims by the plaintiffs and
grants all reliefs and orders sought except special damages for none was proven
in evidence. The court accordingly enters judgment for the plaintiffs against the
Defendant. The plaintiffs are awarded compensation in the sum of fifty thousand
U.S. dollars
(US$50,000.00) for
the prejudice
10
suffered as a result
of the