On violation of freedom
of expression, the plaintiffs’ case was that the failure to
investigate the murder of Deyda Hydara and the tolerance of the Culture of
impunity has profound effect on freedom of expression, affecting all journalists in
The Gambia.
The final leg of the claim is based on a failure to provide redress. We
repeat the
material averments here: ‘International law requires that there are legal remedies
for violations of rights.
However,
both the
authorities to effectively investigate
family
from.
effectively
death.....The
.. Gambia
»first two
bringing
Mr.
civil
legal system
Hydara’s
applicants for the
murder
murder
proceedings
has failed to provide.any
and
for
the failure by the
have
prevented
compensation
for
his
his
compensation
or redress:to the
violation of his tight to
of their father and
freedom of expression, and has not provided them with any opportunity to claim
such compensation. Furthermore, the failure to effectively investigate the murder
and
to
identify
compensation
the
perpetrators
has
prevented
the
applicants
from
claiming
from any third party, if a private actor was indeed responsible
for
the murder.’
Reliefs and orders sought by the plaintiffs.
1. A declaration that the Defendant's failure to effectively investigate; and
hold
accountable
assassination
of
Deyda
Hydara....is
in
violation
of
.2004
December
16
the
for
responsible
those
his
right
to
life as
guaranteed by Articles 1 and 4 of the African Charter.
2.
A declaration that the defendant is in contravention of Articles 1 and4 of
the African Charter, by virtue of creating and tolerating a state of systemic
impunityin The Gambia for violent attacks against media
practitioners and
other government critics.
3. A declaration
unlawful
that
the
killing of Mr.
defendant’s
Hydara
failure
effectively
to
investigate
the
of his rights to freedom of
is in violation
expression and the press guaranteed by Article 9 of the African Charter and
Article 66 of the Revised Community Treaty.
4.
General and
paid
to :the
special damages
first
two
for pecuniary
applicants,
and
and
other
non-pecuniary
heirs
to
Mr.
loss t© be
Hydara,
3