compensation for the violation of their father's
human rights to lite and
freedom of express ion to be quantified a t the appropriate stage 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 18th 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:
1The Member States ......parties to the present Charter shall recognize the rights,
duties and freedoms enshrined 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.
5