VIOLATION OF THE RULE OF LAW AND ABUSE OF PUBLIC AUTHORITY: AS FACTORS PROCURING THE BREACH OF THE RIGHT TO LIFE

This study evaluates how the fundamental right to life is violated by agents of the state, who perpetrate corrupt practices that lead to a violation of the fundamental right to life, specifically in the context of violation of the rule of law and abuse of Public Authority. Thus, this research conducts an analyses aimed at establishing the fact that abuse of public authority and the violation of the rule of law, are mutually reinforcing practices/vices that in specific circumstances, can lead to the violation of the right to life. Especially when nefarious and abusive public officals or law enforcement officers act contrary to their constitutionally defined scope of authority, or antithetically to their legitimate functions as agents of the state. In verifying the inviolability of the right to life, references are made to guarantees, inter-alia, under the International Covenant on Civil and Political Rights (ICCPR). References are also made to the role of the Administration of Criminal Justice Act (ACJA) as a tool for enhancing accountability, and for discouraging abuse of public authority. Irrespective of legal guarantees, the blatant violation of the right to life is still a dark reality, especially in countries dealing with systemic corruption. Thus recommendations are made concerning proactive measures including improved surveillance, due-diligence, monitoring and regulatory requirements and the implementation of anti-corruption and criminal laws proscribing abuse of public authority.