From the totality of the claim, the Applicant’s claim is essentially predicated on the Defendant’s violation of the right to life of the deceased (the Applicant’s son). To answer the question raised by issue no 2, it is necessary to examine the law and the facts relating to the nature and scope of the right to life and the principles governing them and juxtapose it with the facts and evidence adduced within the ambit of the case. In doing so, the Court shall adopt as its own, the principles of Responsibility underlying unlawful killing in International law usually referred to as “(General Comments No 3 on the African Charter on Human and th Peoples’ Rights to life)” Adopted during the 57 Ordinary Session of the African Commission on Human and Peoples’ Rights held from 4-18th November, 2015 at Banjul, The Gambia (Underlining ours). i. The right to life covers issues including extra- judicial killings by State agents. The right to life is protected in the core- regional and universal human rights instrument including the African Charter on Human and Peoples’ Rights (Article 4). Disregard for civilian loss of life may also involve violations of the right to life. The right to life has been widely recognized as a fundamental right without which other rights cannot be implemented or realized. It is the fulcrum of all other rights. It is non – derogable and applies to all persons at all times including institutions of Government. 20

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