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9. Offences
against non-combatants
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Article 53-Offences
deprivation of fundamental liberty or rights
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| 53.1 |
Violation of the Equality of Human and Civil Rights and Freedoms |
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Violation of a persons human and civil rights is when non-violent/non-sexual action is taken to deprive a person who is a non-combatant of a moral and civil right as stated in the Constitution and codes based on their sex, race, nationality, language, origin, property or official status, place or residence, attitude to religion, convictions, or affiliation with public associations. |
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Primary Fact(s) |
| 1. That the victim was denied a moral and/or civil right. |
| 2. That the victim(s) was a non-combatant. |
| 3. That the accused was either a member of the armed forces of African Union at the time of the alleged offence or an opposing combatant; |
| 4. That the actions of the accused contributed to the deprivation of such rights. |
| 5. That the actions of the accused were done with the intent to cause a deprivation of such rights. |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) If committed in restriction of right to obtain food and/or supplies; |
4-6 |
a) If committed in restriction of right of access to public transport; |
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