occur in custody.”8 These Principles are relevant in determining the scope of what constitutes unlawful deprivations of life. 97. Therefore the situations of wrongful killings, summary executions or extrajudicial killings which the African Commission can examine include all acts and omissions of State agents that constitute a violation of the general recognition to the right to life embodied in the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights; and AC HP R the African Charter. Alleged violation of Articles 1 and 4 98. Article 1 provides that: The member states of the Organization of the African Unity parties to the present Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them. 99. The Complainant alleges that the Respondent State is in violation of Article 1 of the African Charter. They argue that the primary duty of States in terms of this article follows from the fourfold obligations to “respect, protect, promote and fulfill” the rights contained in the African Charter. 100. The Complainant states that the duty to respect imports a negative obligation for the State not to interfere with the right while the duty to protect refers to a positive obligation on the State to ensure that third parties do not interfere with an individual right. The duty to promote and to fulfill imposes a positive obligation to advance human rights enjoyment by creating an enabling environment where a culture of human rights can thrive. 8 ECOSOC RES. 1989/65: Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions para. 1 26