134.
Concerning the alleged violation of Articles 2 of the African Charter, the
Respondent State submits that this Article deals with the issue of discrimination,
and argued further that the legislation in the Respondent State did not in any
way discriminate against the victim as the death penalty would be imposed on
anyone found guilty of murder without any extenuating circumstance.
In reply to the alleged violation of Article 3 of the African Charter, the
AC
HP
R
135.
Respondent State, while noting that this Article deals with the twin concepts of
equality before the law and equal protection of the law, submitted that the
victim‟s right to be treated equally before the law was not interfered with in
anyway by the Respondent State throughout the trial process.
136.
Concerning the allegation that the victim was not afforded equal protection of
the law, the Respondent State contends that Mr. Kobedi was at all times during
the trial process provided with high quality legal representation and was not
treated unequally vis-à-vis any other person in a similar situation. These, argues
the Respondent State, shows that the allegations of the Complainants with
regards to the allege violations of Articles 2 and 3 of the African Charter are
baseless.
On the Alleged Violation of Article 4 (Right to Life)
137.
In response to the alleged violation of Article 4 of the African Charter, it is
submitted by the Respondent State, that not only is the imposition of the death
penalty reasonable in the circumstance, but also that the procedures followed
before the death sentence was carried out on Kobedi did not amount to the
arbitrary taking of his life. The Respondent State further contends that the trial of
35