_eymstances: The duty to conduct investigations imposed on a State involves circu . ; oo ; oy. his own cause, so in judge a be the duty t° be impartial, fair and just. One cannot it is itself the accused. not investigate a crime when too O can one t a critical We are satisfied that any investigations that did not take into accoun examination of weapons found on any of the suspects for a possible conclusion as the murder weapon was no investigation; it was a fluke. One need not even talk about the conduct of the officers who went to the hospital which in our view genuinely scarred the eye witnesses off. The NIA was not an impartial body to conduct these raised in view of the concerns investigations of the by the victims shooting. This claim is sufficiently established on the facts so we uphold it. The next claim based on what the plaintiffs called the climate of impunity in the defendant territory. This will be dealt with together with the third issue which is the alleged attack on freedom of expression in the country. This is also a question of fact and the burden of producing evidence rested with the plaintiffs. On the threat of freedom to plaintiffs the country the in expression specific cited instances in the country among them were cases involving Chief Ebrimah Manneh v. Republic of The Republic of The Gambia, on decided 181 CCJELR at the hands operatives of State Musah and 2010. 16 December Saidykhan v. plaintiffs sued the Both cases involved journalists who before this court with success. Those Defendant suffered (2004-2009) Gambia in the course of performing their legitimate functions. Impunity ‘exemption is defined from in Black’s punishment, Law Dictionary, immunity from 9"" edition, the page detrimental 826 to mean effects of one’s The plaintiffs cited specific instances where state operatives have been involved actions...’ ‘in misdeeds against journalists court’s previous decisions but no action was taken against them. At least this in two such cases support what the plaintiffs had claimed. The Defendant was thus bound to lead evidence in rebuttal, but this was not forthcoming. Article 66 of the ECOWAS Revised Treaty imposes an obligation on Member States to assure a safe and conducive atmosphere in the practice of journalism, And in the situation where attacks by state operatives against 9