They failed to produce any evidence emanating from the school where the deceased
children were attending or prove that the alleged loss of education was as a result of
the unlawful death of their father.
In the case of “Street Children” (VillagránMorales et al.) v. Guatemala
Judgment of May 26, 2001 the Court stressed that certain conditions must be met
in order to constitute a damage and the resulting right to reparation; these include
the existence of a relationship of effective, regular financial support between the
victim and the claimant and the possibility of realistically presuming that this
support would have continued if the victim had not died.
Consequently, the Court holds that there has been no violation of Article 17(1) of
the African Charter as Plaintiffs have failed to lead sufficient evidence to
substantiate their claim.
WHETHER OR NOT AN EFFECTIVE INVESTIGATION WAS CARRIED
OUT BY THE DEFENDANT ON THE ALLEGED UNLAWFUL KILLING
OF THE DECEASED
The Plaintiffs contend that the Defendant failed to carry out effective investigation
into the unlawful killing of their father Ikyase Chia and discipline the police officers
who were involved in the case.
A State has a legal duty to take reasonable steps to prevent human rights violations
and to use the means at its disposal to carry out serious investigation of violations
committed within its jurisdiction to identify those responsible, impose appropriate
punishment and ensure the victim’s adequate compensation. This obligation requires
that states maintain mechanisms and procedures through which investigations can
be initiated.
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