JUDGMENT Parties and Representation The first and second plaintiffs are nationals of the Republic of The Gambia who now live in exile in the United Kingdom and the USA respectively as political • refugees, following the death of their father, the late Deyda Hydara, Sr. The third plaintiff is Africa chapter of the International Federation of Journalists, an NGO. The Defendant is a Member State of the Economic Community of West African States (ECOWAS). The plaintiffs were represented by Olujoke Aliu (Mrs.) and D. D. Killi Esq. whilst the Defendant was represented by Messrs Basiru V. P. Mahoney and Simeon Ateh Abi both of the office of the Attorney-General of The Gambia. The Application The basis for this case is neatly summed up in the originating application filed in this court on 23rd November 2011. It provides that 'this case concerns the continued failure by the state authorities to conduct an effective investigation into the killing of Mr. Deyda Heydara in Banjul in December 2004, in violation of the right to life, freedom of expression and press freedom guaranteed by Articles 1, 4 and 9 of the African Charter on Human and Peoples' Rights and Article 66 of the Revised Community Treaty. The argument is made on the following grounds: A. Failure to effectively investigate the murder of Deyda Hydara. Thstate is required to conduct a thorough, rigorous, and independent investigation into the violent death of Mr Deyda Hydara that circumstances of the murder, as well is capable of ascertaining the as of identifying and punishing the - intellectual and material perpetrators of the act. B. Tolerance of a climate of impunity. The state contributed to Mr. Deyda Hydara's death by tolerating and causing a climate of impunity in the country as a result of its systematic failure to condemn, effectively investigate, and secure conviction: C. Violation of freedom of expression. 2