JUDGMENT Parties and Representation The first and now second plaintiffs are live in exile in the United nationals Kingdom of the Republic and the USA of The Gambia who respectively as political refugees, following the death of their father, the late Deyda Hydara, Sr. The third plaintiff is Africa chapter of the International Federation of Journalists, an NGO. The Defendant is a Member State of the Economic Community of West African States (ECOWAS). The plaintiffs were represented by Olujoke Aliu (Mrs.) and D. D. Killi Esq. whilst the Defendant was represented by Messrs Basiru V. P. Mahoney and Simeon Ateh Abi both of the office of the Attorney-General of The Gambia. The Application The basis for this case is neatly summed this court continued on 23 November 2011. up in the originating application filed in It provides that failure by the state authorities to conduct into the killing of Mr. Deyda Heydara ‘this case concerns the an effective investigation in Banjul in December 2004, in violation of the right to life, freedom of expression and press freedom guaranteed by Articles 1,4 and 9 of the African Charter on Human and Peoples’ Rights and Article 66 of the Revised Community Treaty. The argument is made on the following grounds: A. Failure to effectively investigate the murder of Deyda Hydara. The required to conduct a thorough, rigorous, and independent investigation violent death circumstances of of Mr the Deyda murder, Hydara as well that as is of capable identifying of state into the ascertaining and is punishing the the intellectual and material perpetrators of the act. B Tolerance of a climate of impunity. The state contributed to Mr. Deyda Hydara’s death by tolerating and causing a climate of impunity in the country as a result of its systematic failure to condemn, effectively investigate, and secure conviction: C Violation of freedom of expression. » °