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ECOWAS Court Orders Guinea to Pay Compensation for Violation of Citizen’s Right of Life and Integrity
ECOWAS Court Orders Guinea to Pay Compensation for Violation of Citizen’s Right of Life and Integrity
By: Michael Mike
The ECOWAS Court of justice has ordered the State of Guinea to pay 269,000,000 Guinean Francs as compensation for emotional harm for the violation of the right to life and integrity to the Applicant whose son was fatally injured during a protest in Labe in Guinea.
The Court also ordered that the Respondent pays the Applicant 44.000, 000 as damages in the same currency.
Hon. Justice Sengu Mohamed Koroma, Judge Rapporteur, delivered the judgment on Monday on behalf of the Panel which held that the Respondent had violated the fundamental right of the Applicant under the African Charter on Human and People’s Rights and other fundamental human rights treaties.
The Applicant, Mamadou Mouctar Balde, had filed a claim before the Court alleging the violation of his son Amadou Balde’s right to life. He averred that the son died from a fatal injury sustained during a riot at the University of Labe, where the Respondent’s agents were maintaining law and order. The Applicant asserted that the Respondent acknowledged the death of his son but failed to fulfill its obligations under international law. In view of these claims, Applicant sought for a declaration of violation under Article 4 of the ACHPR, along with monetary compensation and costs.
The Respondent acknowledged that the death of the Applicant’s son but denied responsibility, claiming its agents had a lawful mandate. It averred that an investigation was initiated and prosecution followed but was halted after a fire incident at the Court of First Instance in Labé, destroying case documents. The Respondent argued that it has made efforts to reconstruct the file since this incidence. It contended that it has not violated the Applicant’s human rights and requested that the Court declare the application inadmissible in form, and on the merit, dismiss the claim for lack of evidence.
It prayed for costs in cause.
The Court cited that the issue of a death was not contended rather the contention was whether a violation had occurred and the responsibility of the Respondent in this instance. The Court emphazed that states have a duty to safeguard the right to life during protests. Consequently, it concluded that Amadou Balde’s death in the Labe protest constitutes a violation under Article 4 of the African Charter on Human and People Rights.
The Court also found that the Respondent’s claim of lack of documents to continue the trial after the fire incident unacceptable, as there is no evidence supporting this assertion. The Court held that, based on the available facts and evidence, the Respondent failed in its obligation under Article 1 of the African Charter on Human and People Rights. This is due to the fact that the act of the violation of the right to life is attributable to the Respondent.
The Court therefore made orders that the Respondent pays Two Hundred and Sixty-Nine Million Guinean Francs (269,000,000 GNF) as compensation for emotional harm and Forty- Four Million Guinean Francs (44,000,000 GNF) as damages to the Applicant.
The Panel also consisted of Hon. Justice Gbéri-bè Ouattara, presiding and Dupe Atoki (Member).
ECOWAS Court Orders Guinea to Pay Compensation for Violation of Citizen’s Right of Life and Integrity
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
By Zagazola Makama
The troops of Operation FANSAN YANMA have rescued one kidnapped victim and neutralised a suspected armed bandit following an attack on Dankabali Village in Talata Mafara Local Government Area of Zamfara State.
Security sources said the incident occurred at about 3:00 a.m. on April 30 when about 20 armed bandits on 10 motorcycles invaded the community in Kagara District and abducted four residents.
The sources disclosed that the abducted persons were identified as Ladan Mani Sarkin Diya, Halima Mani, Rabiatu Muhammad, and Karima Muhammad.
According to the sources, the troops under Operation Fansar Yamma and the police joint tactical team was mobilised immediately after receiving the distress call and commenced search-and-rescue operations.
They added that during a combing operation in a nearby forest, the joint forces made contact with the bandits, leading to an exchange of fire in which one bandit was neutralised.
The sources further said one of the abducted victims, Ladan Mani Sarkin Diya, was successfully rescued unharmed, taken to the General Hospital in Talata Mafara for medical examination, and later reunited with his family.
They noted that ongoing operations are aimed at rescuing the remaining three victims and apprehending the fleeing suspects.
Security presence has since been reinforced in the Dankabali axis, while surveillance and patrols have been intensified to prevent further attacks.
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
By Zagazola Makama
The troops of Operation FANSAN YANMA have foiled an attempted attack by suspected Lakurawa bandits and recovered 27 rustled animals in Silame Local Government Area of Sokoto State.
Security sources said the incident occurred at about 8:00 p.m. on May 1 when a large number of armed bandits invaded Gumki and Zeringo-Gande villages, firing sporadically and rustling domestic animals.
The sources disclosed that upon receiving the distress the troops swiftly mobilised and blocked routes leading to the bandits’ camp in Zamori forest.
According to the sources, the troops engaged the attackers in a gun duel, overpowering them and forcing their retreat toward the Niger Republic border.
They added that all 27 rustled animals were successfully recovered and would be returned to their rightful owners.
The sources further confirmed that no casualties or injuries were recorded among security personnel during the operation.
Security presence has since been reinforced in the area, with continuous patrols to prevent further incursions.
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
Teenager Dies After Fight with Neighbour in Yobe Community
By Zagazola Makama
A 14-year-old boy, Musa Umar, has died following a violent altercation with a neighbour in Jama’are village via Fika in Yobe State.
Security sources said the incident occurred on April 30 at about 10:00 p.m. when Musa engaged in a fight with another minor, Adamu Yusuf, 12, during which he was struck on the head with a stick.
The sources disclosed that the injured boy was initially rushed to Gadaka General Hospital for treatment before being referred to Fika General Hospital due to the severity of his condition.
According to the sources, Musa died on the way to the referral hospital and was later certified dead by a medical doctor.
They added that the body was documented and released to the family for burial following necessary procedures.
The sources further said efforts are ongoing to apprehend the suspect, while investigations have commenced to determine the circumstances surrounding the incident.
Teenager Dies After Fight with Neighbour in Yobe Community
One Rescued, Bandit Killed as troops Repel Attack in Zamfara
One Killed, Two Injured in Communal Clash in Niger
Troops Foil Bandits’ Attack, Recover 27 Rustled Animals in Sokoto
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