,LCP4807 Assignment 2 (COMPLETE GUIDELINE)
Semester 1 2025 - DUE 29 April 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENCE
The Republic of Qwanza is a Southern African country with a
constitution which is a replica of the Universal Declaration of
Human Rights (1948) adopted in 2004. Qwanza has ratified the
major UN human rights instruments such as the Universal
Declaration of Human Rights (UDHR); the International
Covenant on Civil and Political Rights (ICCPR) (including the two
optional protocols), International Covenant on Economic, Social
and Cultural Rights (ICESCR) including its optional Protocols.
Qwanza has also ratified the African Charter on Human and
Peoples’ Rights; The Protocol Establishing the African Court on
Human and Peoples’ Rights. On 15 May 2022 a man was
murdered near Bali village in the Republic of Qwanza. Mr
Timothy Ibo was accused of committing the crime and brought
to trial. He denied the offence. On 15 June 2023 the High Court
in Qwanza convicted him of the murder and sentenced him to
death, the only sentence available for the offence of murder
under Qwanza law. According to Section 46 of the 1960
Criminal and Other Offences Act of Qwanza “a person who
commits murder is liable to suffer death.” Mr Ibo claims that
the death sentence as provided for in the Criminal and Other
,Offences Act is unconstitutional and violates several human
rights as provided for in the Constitution of Qwanza as well as
international human rights instruments that Qwanza has
ratified. He then appealed to the Supreme Court of Appeal and
challenged the conviction and sentence. On 16 March 2024 the
Supreme Court of Appeal dismissed the appeal both on the
conviction and sentence. Mr Ibo further appealed both the
conviction and sentence to the Constitutional Court which is the
highest court in Qwanza. In November 2024, the Constitutional
Court dismissed the appeal against the conviction and rejected
the merits of Mr Ibo’s challenge to the Constitutionality of the
mandatory death penalty, by holding that the mandatory death
sentence for murder was consistent with the laws of Qwanza.
The Association for Lawyers Against Death Penalty (ALADP) an
International Non-Governmental-Organisation which provides
legal representation and assistance to individuals facing death
penalty would like to institute legal proceedings against the
Republic of Qwanza on behalf of Mr Ibo. ALADP would like to
take the matter to the Human Rights Committee of the ICCPR.
They approach you as an expert in international human rights
law for advice/legal opinion. Using the International Covenant
on Civil and Political Rights and other relevant United Nations
and African Union instruments advise ALADP. In your legal
opinion reflect on whether ALADP can take the case to the
Human Rights Committee (HRC). Use authority to justify your
, answers. Highlight the following points: a) The procedural
issues involved in bringing a case before the HRC. b) Merits of
the case. c) Alleged rights that the death penalty violates. d)
The remedies that the HRC can grant.
Legal Opinion on the Case of Mr Timothy Ibo
To: Association for Lawyers Against Death Penalty (ALADP)
From: [Your Name], Expert in International Human Rights Law
Date: April 2025
Subject: Legal Opinion on Bringing a Case Against the Republic
of Qwanza Before the UN Human Rights Committee
1. Procedural Issues Involved in Bringing a Case Before the
HRC
ALADP may bring a communication (complaint) to the Human
Rights Committee (HRC) in terms of the First Optional Protocol
to the ICCPR, which Qwanza has ratified.
Key Procedural Requirements:
a. Jurisdiction and Admissibility
State Party: Qwanza has ratified the ICCPR and its First
Optional Protocol. Thus, the HRC has jurisdiction.
Victim Requirement: Mr Ibo is the victim of an alleged
violation of rights under the Covenant.
Semester 1 2025 - DUE 29 April 2025; 100%
TRUSTED Complete, trusted solutions and
explanations.
MULTIPLE CHOICE,ASSURED EXCELLENCE
The Republic of Qwanza is a Southern African country with a
constitution which is a replica of the Universal Declaration of
Human Rights (1948) adopted in 2004. Qwanza has ratified the
major UN human rights instruments such as the Universal
Declaration of Human Rights (UDHR); the International
Covenant on Civil and Political Rights (ICCPR) (including the two
optional protocols), International Covenant on Economic, Social
and Cultural Rights (ICESCR) including its optional Protocols.
Qwanza has also ratified the African Charter on Human and
Peoples’ Rights; The Protocol Establishing the African Court on
Human and Peoples’ Rights. On 15 May 2022 a man was
murdered near Bali village in the Republic of Qwanza. Mr
Timothy Ibo was accused of committing the crime and brought
to trial. He denied the offence. On 15 June 2023 the High Court
in Qwanza convicted him of the murder and sentenced him to
death, the only sentence available for the offence of murder
under Qwanza law. According to Section 46 of the 1960
Criminal and Other Offences Act of Qwanza “a person who
commits murder is liable to suffer death.” Mr Ibo claims that
the death sentence as provided for in the Criminal and Other
,Offences Act is unconstitutional and violates several human
rights as provided for in the Constitution of Qwanza as well as
international human rights instruments that Qwanza has
ratified. He then appealed to the Supreme Court of Appeal and
challenged the conviction and sentence. On 16 March 2024 the
Supreme Court of Appeal dismissed the appeal both on the
conviction and sentence. Mr Ibo further appealed both the
conviction and sentence to the Constitutional Court which is the
highest court in Qwanza. In November 2024, the Constitutional
Court dismissed the appeal against the conviction and rejected
the merits of Mr Ibo’s challenge to the Constitutionality of the
mandatory death penalty, by holding that the mandatory death
sentence for murder was consistent with the laws of Qwanza.
The Association for Lawyers Against Death Penalty (ALADP) an
International Non-Governmental-Organisation which provides
legal representation and assistance to individuals facing death
penalty would like to institute legal proceedings against the
Republic of Qwanza on behalf of Mr Ibo. ALADP would like to
take the matter to the Human Rights Committee of the ICCPR.
They approach you as an expert in international human rights
law for advice/legal opinion. Using the International Covenant
on Civil and Political Rights and other relevant United Nations
and African Union instruments advise ALADP. In your legal
opinion reflect on whether ALADP can take the case to the
Human Rights Committee (HRC). Use authority to justify your
, answers. Highlight the following points: a) The procedural
issues involved in bringing a case before the HRC. b) Merits of
the case. c) Alleged rights that the death penalty violates. d)
The remedies that the HRC can grant.
Legal Opinion on the Case of Mr Timothy Ibo
To: Association for Lawyers Against Death Penalty (ALADP)
From: [Your Name], Expert in International Human Rights Law
Date: April 2025
Subject: Legal Opinion on Bringing a Case Against the Republic
of Qwanza Before the UN Human Rights Committee
1. Procedural Issues Involved in Bringing a Case Before the
HRC
ALADP may bring a communication (complaint) to the Human
Rights Committee (HRC) in terms of the First Optional Protocol
to the ICCPR, which Qwanza has ratified.
Key Procedural Requirements:
a. Jurisdiction and Admissibility
State Party: Qwanza has ratified the ICCPR and its First
Optional Protocol. Thus, the HRC has jurisdiction.
Victim Requirement: Mr Ibo is the victim of an alleged
violation of rights under the Covenant.
