135. However, it should be noted that, in assessing whether the obligation set out under Article 1 of the Charter has been fulfilled, the Court does not merely examine whether the Respondent has enacted legislation or adopted other measures to domesticate thn Charter. The Court will also assess whether the application of those legislative or other measures is in line with the achievement of the rights, duties and freedoms enshrined in the Charter, that is, the attainment of the objects and purposes of the Charter. This means that when the Court finds that any of the rights, duties and freedoms set out in the Charter are curtailed, violated or not being achieved, th is necessarily means that the obligation set out under Article 1 of . the Charter has not been complied with and has been violated. 136. The Court reiterates its finding in Application No. 13/2011 Beneficiaries of Late Norbert Zongo, Abdoulaye Nikiema Alias Ablasse, Ernest Zongo and Blaise 1/boudo & The Burkinabe Human and Peoples' Rights Movement v Burkina Faso. In that case, the Court found that, by not seeking out, investigating, prosecuting and putting to trial the killers of Norbert Zongo and his companions, Burkina Faso violated Article 7 of the Charter and that by so doing, it simultaneously violated Article 1 of the Charter. The Court is also persuaded by the reasoning of the African Commission with regard to the ove.rarching applicability of Article 1 of the Charter.29 29 Communication 147/95- 149/96 Sir Oawda K. Jawara v The Gambia 13 1h Activity Report 1999-2000 paragraph 46 "The Commission held that "Article 1 gives the Charter the legally binding character always attributed to international treaties of this sort. Therefore a violation of any provision of the Charter automatically means a violation of Article 1. If a Statv party to the Charter fails to recognise the provisions of the same, there is no doubt that it is in violation of this Article. Its violation, therefore, goes to the root of the Charter." 55

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