Charter and other international instruments that the Respondent State is a
party to.
209.
From the foregoing, the African Commission concludes a violation of
Article 5 of the African Charter by the Respondent State because the acts
committed amounted to inhuman treatment and investigations were not
AC
HP
R
conducted.
Alleged violation of Article 7(1) (a) and 26 of the African Charter (Right to Fair
Trial and Independence of the courts)
210.
The Complainants allege a violation of Article 7(1) (a) and 26 of the
African Charter respectively.
211.
Article 7(1) (a) states that; “Every individual has a right to have his cause
heard which comprises the right to appeal to competent national organs
against acts violating his fundamental rights.”
212.
Article 26 on its part provides that: “State Parties to the present Charter
shall have the duty to guarantee the independence of the courts and shall
allow the establishment and improvement of appropriate national
institutions entrusted with the promotion and protection of the rights and
freedoms guaranteed by the present Charter”.
213.
With respect to the alleged violation of Article 7(1) (a) of the African
Charter, the Complainants aver that the Victims did not have a right to an
impartial and objective investigation, as well as an appeal process, which
in their view shows lack of independence of the PPO and the Appeal
Chamber.
61
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents