therefore looks to find out whether the human rights violation as observed
constitutes the main subject matter of the application and whether the pleas-inlaw and evidence produced essentially go to establish such violation.
The Plaintiff in this case premised their pleas in law on alleged violation of
Articles 4,6 and 7 of the African Charter on Human and Peoples Rights.
Article 4 provides that “Human beings are inviolable. Every human being shall
be entitled to respect for his life and the integrity of his person. No one may
be arbitrarily deprived of this right”
Article 6 provides, “every individual shall have the right to liberty and to the
security of his person. No one may be deprived of his freedom except for
reason and conditions previously laid down by law. In particular, no one may
be arbitrarily arrested or detained”.
Article 7 of the African Charter provides:
1. Every individual shall have the right to have his cause heard.
This comprises:
a. The right to an appeal to competent national organs against acts
violating his fundamental rights as recognized and guaranteed by
conventions, laws, regulations and customs in force.
b. The rights to be presumed innocent until proved guilty by a competent
Court or tribunal.
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