apostasy and adultery.f It is stated that both the first and second Victims were indicted,
but later on, only the first Victim was found guilty of adultery. To what extent does the
Commission find a differential treatment of the parties in a similar situation? The
Commission reiterates its stance in Kenneth Good vs the Republic of Botswana (also cited in
analysis of violation of article 2 above) that article 3 of the African Charter is violated not
only where equal cases are treated differently but where a difference in treatment does
not have an objective and reasonable justification and if there is no proportionality
between the aim sought and the means employed.
152. Regarding these requirements, the Commiss
Victim's adultery conviction, particularly
similarly found guilty. Consequently, she was
"
I
}o,
'
153. The Commission agrees that the Respondent'State has
equal protection under Article 3 of the African Charter
to equality and
Victim.
Oil alleged Violations of Article 4: thi/Right to Life and Integrity oftHe)lftrson
154. Article 4 of the Charter states,
right to respect his life' -' the
arbitrarily deprived of this' ",'
II
TJ~e
;erson is i~violable. Ev;;fj~lluman being has the
moral int~grity of his person. No one shall be
155. To characterize tl;le rights to
its decision in Forum of Conscience
vs Sierra Leone" that the right to
i,s, the basis of aU:gther rights. And that it is the source
from which other rights flow, and anYJ:~mjustified violation of this right amounts to an
arbitrary deprivation.
The Commissi&J1~i~lso considers the position adopted by the
Afri
Court on Human and Peoples' R1g11t? in the African Commission on Human and
Pea,
• h,ts vs Kenya,87(the Ogiek case), rettirning to the fundamental character of the
right'
:"" . ating th~!;~ll?ther ~l~.~tsand freedoms depend on this right. The Court
consid
, "Ying sOm~OnJi::
dfJife eliminates the very holder of those rights and
freedom
'
,
156. The Commis~i9-t1' also r~ii~rates the United Nations Human Rights Committee's
considerationtjiat
lithe right to life encompasses the right of persons to be free from acts
and omissions iht~f}ded to cause or expected to cause their unnatural or premature death,
and to live with digp,ity."89 The Commission agrees with the Committee's position that
deprivation of life involves deliberate or at least foreseeable and preventable harm
"_,,J.
See para 62 and 63 complainants' Submission on merits
,~
t: ','
Communication 223/98- Forum of Conscience vi Sierra Leone (2000) ACHPR para 20.
.'
st.C' 'I, <.
87 Application 006/2012- (2017) AfCHPR
.
, l' '0...,-88 Ibid, para 152
s(89 General Comment No. 36 of the UN Human Rights Committee on Article 6 of the InternatiCJla),cIoveriru;~onJiiVil
~
and Political Rights", para 3
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