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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
Communal clash at illegal mining site leaves five injured in Zamfara
By: Zagazola Makama
A violent clash between residents of Boko and Jaya villages in Zurmi Local Government Area of Zamfara state has left at least five persons injured following a dispute at a stone mining site.
Sources said the incident occurred on April 20 at about 11:00 a.m. at the Kwanza Stone Mining Site, located between the two communities.
According to the sources, the clash began when members of both villages engaged in illegal mining activities at the site, leading to a disagreement that escalated into violence, with both sides allegedly using firearms.
The sources said the injured victims include Sha’aibu Adamu, 30; Shakiru Suleiman, 26; Kasu Boko, 27; Abdullahi Dahiru, 25; and Ibrahim Usman, 25, all from the affected communities.
They added that the exact number of persons killed could not be immediately confirmed at the time of filing the report.
A joint security team comprising troops of Operation FANSAN YANMA. police personnel and community protection guards was swiftly deployed to the area to restore order.
The injured victims were evacuated to the General Hospital in Kaura Namoda for medical treatment.
Security authorities said normalcy had since been restored in the area, while efforts were ongoing to identify and arrest those involved in the violence.
They also confirmed that investigation into the incident had commenced.
Communal clash at illegal mining site leaves five injured in Zamfara
Security forces foil Kidnapping, flee after alarm in Gombe community
By: Zagazola Makama
Armed men suspected to be kidnappers have attempted to abduct residents in Unguwan Yamma, Amada area of Akko Local Government Area of Gombe state.
Sources said the incident occurred at about 3:20 a.m. when the attackers stormed the residence of one Alhaji Muhammad Abba, who narrowly escaped the attack.
According to the sources, the assailants proceeded to a neighbouring house where they abducted a child after the mother raised alarm.
The sources said the kidnappers, however, abandoned the child and fled the scene following the commotion.
A divisional patrol team, alongside hunters and local vigilantes, was immediately mobilised to the area and is currently on the trail of the suspects.
Police authorities said investigation was ongoing, while efforts had been intensified to apprehend the fleeing attackers and prevent further incidents in the area.
Security forces foil Kidnapping, flee after alarm in Gombe community
Troops engage armed bandits in heavy gun battle during raid on suspected hideout in Zamfara
By: Zagazola Makama
Troops of Operation FANSAN YANMA have reportedly engaged armed bandits in a heavy gun battle during a clearance operation at Yankuzo area in Tsafe Local Government Area of Zamfara state.
Security sources said the operation followed aggressive fighting patrol on armed groups into the area, believed to be a stronghold used by suspected bandit elements operating within the axis.
According to the sources, troops advanced into deep into the terrorists enclave of Ado Allero in the early hours of the day and made contact with the armed men, leading to an exchange of fire that lasted for several minutes.
Residents reported heavy gunfire during the confrontation.
Although details of casualties were still being assessed at the time of filing this report, security sources confirmed that troops maintained dominance of the general area and continued pursuit of fleeing armed elements.
Troops engage armed bandits in heavy gun battle during raid on suspected hideout in Zamfara
Communal clash at illegal mining site leaves five injured in Zamfara
Bandits abduct two, escape with motorcycles after gun duel in Zamfara
Security forces foil Kidnapping, flee after alarm in Gombe community
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