on violation of freedom of expression, the plaintiffs' case was that the
failure to investigate the murder of Deyda Hydara and the tolerance of
the
culture
of impunity has profound effect on freedom of expression,
affecting all journalists in The Gambia.
The final leg of the claim is based on a failure to provide
redress. We
repeat the material averments here: 'International law requires that there
are legal remedies for
violations
of
rights.
However,
both
the
legal
system and the failure by the authorities to effectively investigate
Mr.
Hydara's murder have prevented his family from effectively bringing civil
proceedings for compensation for his death.......The Gambia has failed to
provide any compensation or redress to the first two applicants
murder of their
father
and
violation of
his :right
for the
to freedom of
e xpression, and has not provided them with any opportunity to claim
such compensation. Furthermore, the failure to effectively investigate the
murder and to identify the perpetrators has prevented the applicants
from claiming compensation from any third party, if a private actor was
indeed responsible for the murder.'
Reliefs and orders sought by the plain.t1ffs.
1.
A declaration that
the
Defendant's
investigate; and hold accountable
16
December
those
2004 assassination
of
failure
to
responsible
Deyda
effectively
for
Hydara ....is
the
in
violation of his right to life as guaranteed by Articles 1and 4 of the
African Charter.
2. A declaration that the defendant is in contravention of Articles 1 and 4 of
the African Charter, by virtue of creating and tolerating a state of
systemic impunity in The Gambia for violent attacks against media
practitioners and other government critics.
3.
-
A declaration that
the
defendant's
failure
to
effectively
investigate the unlawful killing of Mr. Hydara is in violation of his
rights to freedom of expression and the press guaranteed by Article
9 of the African Charter and Article 66 of the
Revised Community
Treaty.
4. General and special damages for pecuniary and non-pecuniary loss
to be paid to the first two applicants, and other
heirs to Mr.
Hydara,
4