, LCP4807 Assignment 2
Semester 2 2025
DUE 18 September 2025
Use this document as a guide and for references to answer your assignment
(TWO ESSAYS PROVIDED)
Legal Opinion for the Movement Against Death Penalty (MADP)
Regarding Mr. Mbhekwe v Republic of Kamarara
1. Procedural Issues
Before MADP can bring a communication to the UN Human Rights Committee
(HRC) on behalf of Mr Mbhekwe, there are important admissibility requirements
under the First Optional Protocol to the ICCPR.
Kamarara has ratified both Optional Protocols to the ICCPR, so the Committee has
jurisdiction to consider individual complaints from persons subject to its
jurisdiction.
1.1 Standing (Locus Standi)
Article 1 of the First Optional Protocol: Only individuals who claim to be
victims of a violation by a State Party to the ICCPR can bring a
communication.
NGOs such as MADP cannot file in their own name unless they act on behalf
of the victim with proper authorisation.
In this case, MADP can represent Mr Mbhekwe if he consents, or if they can
justify acting without explicit consent (e.g., due to death row conditions
limiting his ability to communicate).
1.2 Victim Status
Mr Mbhekwe is directly affected: he has been convicted, sentenced to death,
and his constitutional challenge has failed.
His situation clearly satisfies the requirement of being a ―victim‖ of an
alleged violation.
Semester 2 2025
DUE 18 September 2025
Use this document as a guide and for references to answer your assignment
(TWO ESSAYS PROVIDED)
Legal Opinion for the Movement Against Death Penalty (MADP)
Regarding Mr. Mbhekwe v Republic of Kamarara
1. Procedural Issues
Before MADP can bring a communication to the UN Human Rights Committee
(HRC) on behalf of Mr Mbhekwe, there are important admissibility requirements
under the First Optional Protocol to the ICCPR.
Kamarara has ratified both Optional Protocols to the ICCPR, so the Committee has
jurisdiction to consider individual complaints from persons subject to its
jurisdiction.
1.1 Standing (Locus Standi)
Article 1 of the First Optional Protocol: Only individuals who claim to be
victims of a violation by a State Party to the ICCPR can bring a
communication.
NGOs such as MADP cannot file in their own name unless they act on behalf
of the victim with proper authorisation.
In this case, MADP can represent Mr Mbhekwe if he consents, or if they can
justify acting without explicit consent (e.g., due to death row conditions
limiting his ability to communicate).
1.2 Victim Status
Mr Mbhekwe is directly affected: he has been convicted, sentenced to death,
and his constitutional challenge has failed.
His situation clearly satisfies the requirement of being a ―victim‖ of an
alleged violation.
