Rights is equally
into the murder.
the
applicable
plaintiffs claim the
to the
Defendant
Defendant
to ensure
has violated
effective
investigations
both the right to life and the
freedom of expression as provided for in the ACHPR and the Revised Treaty. We
propose to examine the issues now in the same way that they were set out in the
application.
To begin
with, the
plaintiffs claim
the
Defendant
did
not conduct
diligent and
effective investigations into the murder of Deyda Hydara Senior. It is a question of
fact whether or not the Defendant conducted effective investigations. We must
out that there are no hard and fast rules as to what constitute proper,
effective or diligent investigations, or by whatever name one may choose to call
point
it. However,
an objective
from
of each
standpoint and given the circumstances
case, one should be able to say that the investigative agencies have performed
their duty as required. Subjective analysis will not be proper.
In’ this
case the
State
Police
was
the
first to commence
the
investigations.
Subsequently the NIA took over the investigations and issued a report on or about
21
February
2005,
some
two
months
after the
murder.
Since
then
no
other
investigations have been carried out. But one striking feature of the investigation
which is baffling is the fact that the investigations carried out no ballistic tests on
the bullets on the victims’ body and on the weapons recovered from one of the
suspects
Wally
Hakim
who
was
committed with a gun so common
be’ examined
bullets
invited
for
interrogation.
Here
is a
murder
sense will dictate that every gun recovered will
vis-a-vis the bullets recovered from the victim to see whether the
could
have
been
fired
from
the
gun
recovered.
Without
examination
one could not conclude that a proper investigation
had
a ballistic
been carried
out. Inthe circumstances of this case every gun recovered from every suspect was
bound to be subjected to thorough and critical examination
to assure the victims’
family and the general public that the investigations were not seeking to protect
anybody.
Besides when
indicates
there
the two
was
an
eye witnesses
attefnpt
to
were
on admission
interrogate
7
them
by
in hospital the report
persons
who
bore
or