In the instant case, it is not in dispute that the police officers who arrested and unlawfully killed Ikyase Chia were agents of the Defendant. The capacity in which this act was carried out is also not in dispute having been admitted by the Defendant in its defence. It is trite that facts admitted needs no further proof. The Inter-American Court of Human Rights in Velasquez Rodriguez V. Honduras, Series C, No. 4, para. 170 (1988) said: "Under International Law a State is responsible for the acts of its agents undertaken in their official capacity and for their omission, even when those agents act outside the sphere of their authority or violate internal law". In Tidjani Konte V. Republic of Ghana Supra this Court held that: "The State remains the sole obligator to respect, protect and fulfill human rights under the Treaty and placed reliance on Article 6 of the Report of the 53 rd Session of International Law Commission which provides "the conduct of an organ of State shall be considered as an act of that State under International Law, whether that organ belongs to the constituent, legislative, executive, judicial or other power, whether its functions are of international or subordinate position in the organization of the State". In view of the above, it is well established that the conduct of any organ of the state carried out whether in their official capacity or not is the act of the State. The Defendant attached written statements by the officer who led the team in the arrest as well as the investigating officer. However, they failed to attach a comprehensive report prepared by an independent officer stating the circumstances that led to the death of Ikyase Chia. Furthermore, no evidence to show that interviews or interrogations were carried out on all the officers who took part in the operation on the said day. 29