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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
(xiii) Alleged violation of the right to equal protection of the law (Article 3(2) of the Charter)
99. The Complainants submitted that the Respondent State's failure to guarantee a fair
and just treatment of individuals and ensure the equal protection of the law
amounts to a violation of Article 3(2) of the African Charter.
(xiv) Alleged violation of Articles 1 of the African Charter
100. The Complainants submitted that the Respondent State's failure to take
reasonable and necessary steps to prevent and adequately respond to the
violations alleged in the complaint and the failure to implement the African
Commission's request for provisional measures amount to a violation of Article 1
of the African Charter.
101. On the basis of these submissions, the Complainants urged the Commission to
find that the Respondent State has violated the provisions of the African Charter
and grant the remedies sought.
B. Respondent State's submissions
102. As indicated above, the Respondent State did not submit its observations on
the merits, despite ample reminders by theSecretariatof the African Commission.
In the absence of any submissions by the Respondent and the time for the
Respondent State to enter its submissions having elapsed, the Commission is
entitled to proceed to enter a default decision on the merits in accordance with the
relevant provisions of the Commission's 2010 Rules of Procedure.
The Commission's Analysis on the Merits
103. Having considered the submissions of the Complainants on the merits, the
Commission will analyse the arguments and evidence furnished by the
Complainants.
Alleged violation of Article 4 of the African Charter
104. The Complainants alleged that the Respondent State violated the provisions of
Article 4 of the African Charter, through the extrajudicial killings of a large number
of persons in South Kordofan and Blue Nile. The killings, the Complainants
claimed, were perpetrated by the SAF, the PDF and other forces of the Respondent
State.
105.
Article 4 of the African Charter provides that:
An Organ of the
African ~')'
Union "if,,,(7
Email: au-banju/@africa-unionorg
https:lachpr.au.inVO
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