7.
Finally, the Applicant State emphasizes that the Respondent State has
refused to prosecute or extradite persons against whom Congolese courts
issued arrest warrants for international crimes following the “wars of
aggression”, in particular Mr. Laurent Nkunda, former leader of the CNDP
as well as leaders of the M23.
B. Alleged violations
8.
The Applicant State alleges violation of the following rights and obligations:
i.
The obligation to respect and protect rights, protected under Articles 1
of the Charter and 2(1) of the International Covenant on Civil and
Political Rights (ICCPR);
ii.
The rights to life and physical integrity, protected by Article 4 of the
Charter, Article 4 of the Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Women in Africa (Protocol on the Rights
of Women), Article 5(1) of the African Charter on the Rights and Welfare
of the Child (ACRWC) and Article 6(1) of the ICCPR;
iii. The right to respect for human dignity and the prohibition of slavery,
slave trade, torture, cruel, inhuman or degrading punishment and
treatment guaranteed by Article 5 of the Charter, Articles 3(1) and (2) of
the Protocol on the Rights of Women and Article 7 and 8 of the ICCPR;
iv. The right to liberty and security, protected by Articles 6 of the Charter,
and Articles 9(1) and 12(1) of the ICCPR;
v.
The rights to be heard, protected by Article 7(1) of the Charter;
vi. The right to education, protected by Article 17 of the Charter, Article
11(1) of the ACRWC, Article 2 of the Protocol on the Rights of Women,
Article 13(1) of the International Covenant on Economic, Social and
Cultural Rights (ICESCR), and protected under the Pretoria Declaration
on Economic, Social and Cultural Rights (Pretoria Declaration);
vii. The right to property, protected by Article 14 of the Charter;
viii. The right to the enjoyment of the best attainable state of physical and
mental health, protected by Article 16(1) of the Charter;
ix. The right to protection of the family, protected by Article 18(1) of the
Charter;
x.
The right to housing, protected by Articles 14, 16 and 24 of the Charter;
4