or to face the death penalty as submitted.l'" The Respondent State, therefore, owed an
obligation to the Victims to effectively investigate the acts of ill-treatment that impacted
their dignity and punish the perpetrators accordingly. Failing to do so only amounted to
an infringement of the rights of the Victims under Article 5 of the African Charter and
other international instruments that the Respondent State is a party to.
170. Based on the foregoing, the African Commission concludes that the Respondent State
violated Article 5 of the African Charter because the acts committed amounted to
inhuman treatment, and investigations were not
On Alleged Violations
of Article 6: The Right to Li
171. Article 6 of the Charter states: "Everyone has I
deprived of their liberty except on such
law. In particular, no one shall be
172. The Commission notes that
out in accordance with the
173.
the Person
security. No one shall be
as are determined by
t have
carried
to its Principles and
which s~,t..~mt he obligations
the prohibition of arbitrary
by law, by order of and
and for the purposes
investigations to identify
reparations to the victims.l'v The
, Charter protects two fundamental
o~_,oni', and personal
security. The first right is
'. summarised in two: the right not to be
except for reasons and under conditions
ve one's freedom restricted or to be confined
under conditions prescribed by law.
'-"¥>"<"'''''''',.
lJlIOU'lHV"
e ~~&
~'.;::q;;:p;7Esonalsecurity implies that people and all those who have
chosen to liv. ~:~frica sh0.4~~be able to do so safely and peacefully, free from threats
and aggressidq':fibm public authorities or private entities. Any restriction on these two
rights must be in,accordance with what has been previously established as an established
legal norm.
echoes its decisions in Constitutional Rights Project/Civil Liberties
Organisation vs Nigeria, in which it observed that "where individuals are detained without
174. The Commission
charge, [...] this constitutes
violation of Article 6."
an arbitrary
deprivation
of their liberty and therefore a