compensation
freedom
for the
violation
of expression
to
be
of their father’s
quantified
human
at the
rights
appropriate
to
stage
lite and
in the
proceedings.
5.
An
order
that
the
defendant
pay
the
applicants’
costs
of this
action,
in
accordance with Article 66 of the Court’s Rules of Procedure.
The defence
In a statement of defence filed on 18 September 2012, the Defendant rejected
the entire claim by the plaintiffs. In particular the Defendant made the following
material
averments.
That they
carried
out
effective
and
diligent
investigations
into the murder of Deyda Hydara. That the deceased did not make any disclosure
to the State about any threats to his life, let alone to seek protection from the
State. The Defendant denied contributing in any way to the death of Hydara, for
contrary to what the plaintiffs averred, the Defendant did not tolerate any culture
or climate of impunity in the country. The killers are still at large and they are still
unknown. The State owes no obligation to provide redress to the plaintiffs for the
murder of Deyda Hydara, the defence averred.
Consideration by the court
The pleadings as well as both counsels’ addresses have been taken into account in
the ensuing consideration of the case by the court.
The
application
is based
on
the
ACHPR,
in
large
measure,
Articles
1, 4 and
9
thereof. These read:
1 The Member States ......parties
duties
and
freedoms
enshrined
to the present Charter shall recognize the rights,
in the
Charter
and
shall
undertake
to
adopt
legislative or other measures to give effect to’them.
4 Human
beings are inviolable. Every human
being shall be entitled to respect for
his life and the integrity of his person. No one may be arbitrarily deprived of his
life.
9 (i) Every individual shall have the right to receive information.