(damage or injury) caused by an act or omission which results in the termination of life.9o
In the case of the Centre for Minority Rights Development (Kenya) and Minority Rights Group
(on behalf of Endorois Welfare Council) vs. Kenya,91 the Commission held that the State must
take positive and concrete measures to guarantee the right to life, especially in the case of
vulnerable and exposed persons, whose care becomes a high priority.
157. The Complainants submitted that the Respondent State violated the rights of the first,
third, and fourth Victims under Article 4 of the African Charter and the corresponding
obligations outlined in General Comment No.3 on ",'the,t Right to Life. Accordingly, the
Complainants submitted that States must protect.detairl~~iinrividuals from violence and
emergencies that may threaten their lives. This .' ilso includes ensuring that detainees
have access to primary living conditions, such
,4equat
od, water, ventilation, a
sanitary environment, and necessary h
inGl'tldin
aternal healthcare and
antiretroviral drugs.
158. The Commission considered the submis§ion by theiC;ompJainants and found violations
of Article 4 as a result of gravelY;,in~dequa't~filldi.nlj~ane conditions that failed to meet
the basic requirements of a dignified life while",' 'eral detention Jacilities. Secondly,
the first Victim's death sentence for ap9~,tasy{ftK
te of health an'ciassociated threats
was traumatic. Thirdly, for failure to p~<;?tect
the "
lainants' lives despite the known
threats from Islam,i~1Jp,ndamentalistgrqups,lwhich 1
e first, third, and fourth Victims
"" ..'A>kb;:.;""'<:,
vulnerable and.£&ieeiNhem to"leave Siidun fo secure
,.' safety.
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159. The Commissibn'remain guided by its position in the Malawi African Association, Amnesty
International, Ms~<Sarr Diop, Union interafricaine des droits de l'Homme and RADDHO,
Collectif des
"
ayants-Driot,
. Mauritanienne des droits de l'Homme vs
Mauri,t9:tf/a,92
by the C
that it is a violation of Article 4 when
indiviq,uals<,""ere
and
attention, subjected to torture that culminated
in deith, o'rforced
to
'''to
fear for their lives.
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160. For these reasons, the Co~misslOn finds the Respondent State violating Article 4 of the
African Charter.
On Alleged Violation of Article 5: Prohibition
Treatment
161. Article 5 of the African Charter states that:
of Torture and Cruel, Inhuman and Degrading
Every individual shall have the right to the respect
of the dignity inherent in a human being and to the recognition of his legal status; All forms of
/I
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General Comment No, 36 of the UN Human Rights Committee on Article 6 of the International CoYenahf
bn,ff'';,
.. i'Y""(c
'-IIf"
and Political Rights" r para 6
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90
l
C
I e,
91 Commun.ica~on 276/03
92
para 217,
"
Communication 205/97, Kazeem Ammu v. Nigeria, 11 May 2000, Para 18,
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