Defendant. Having examined the case in its entirety, the Court finds the Defendant
liable having failed to give a reasonable justification as to the circumstances leading
to the death of the deceased.
In view of the above, and considering the circumstances surrounding the case, the
Court awards monetary compensation to the Plaintiffs against the Defendant for the
unlawful killing of their sole benefactor.
A finding of unlawful or arbitrary killing on the part of State agents without more
entails the responsibility of the State. Thus dependents of the deceased are entitled
to compensation where a claim of unlawful or arbitrary deprivation of life is
established as in this case.
Accordingly the Plaintiff s aside from other ancillary remedies are entitled to
monetary compensation for the violation of the right to life of their benefactors.
DECISION:
The court adjudicating in a Public sitting after hearing the Parties in the last resort;
after deliberating according to law
DECLARES:
(i) That the killing on the 14th of August 2015 of Ikyase Chia by the agents of
the Defendant is arbitrary, unlawful and illegal and constitutes a gross violation
of his right to life and respect to dignity of his Person as enshrined in Article 4
and 5 of the African Charter on Human and Peoples’ Rights.
(ii)
That the failure of the Defendant to investigate, and prosecute Persons
connected with the said unlawful killing of Ikyasa Chia is a violation of the rights
of the Applicants as well as abdication of the Defendant’s obligation under the
African Charter on Human and Peoples Rights.
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