CEDAW/C/76/D/116/2017 criminal procedure, the author cannot benefit from the application of that provision of the Criminal Code because the criminal charge in relation to her case has not yet been examined in court, in spite of her repeated requests. Given the seriousness of the act of gender based violence to which the author was subjected and her right to obtain restitution, compensation and rehabilitation, and given the absence of any possibility of enforcing her right as fully as possible, the Committee concludes that the State party has breached its obligations under article 1, read in conjunction with articles 2 (a) and (c)–(f), 3, 12 and 13 (a) and (b), of the Convention. 9. Acting under article 7 (3) of the Optional Protocol and in the light of the above considerations, the Committee is of the view that the State party has failed to fulfil its obligations and has thereby violated the author’s rights under articles 2 (a) –(f), 3, 12, 13 (a) and (b) and 15 (1) of the Convention, read in conjunction with article 1, of the Convention. 10. The Committee makes the following recommendations to the State party: (a) Concerning the author of the communication: (i) Take immediate and effective measures to ensure that the author’s case is investigated promptly, impartially and effectively, and that those accused are prosecuted and, if found guilty, sentenced to penalties commensurate with the gravity of their acts; (ii) Ensure that the author is given timely and adequate information on progress made in the investigation carried out by the Prosecutor’s Office, its results and any forthcoming trial to the extent possible, in line with the guidance provided in the Committee’s general recommendation No. 33; (iii) Ensure that the author receives full reparation, including material and moral damages, for the harm she suffered and restitution, rehabilitation and satisfaction, including the restoration of her dignity and reputation, which includes free legal assistance and financial reparation proportionate to the physical, psychological and material damage suffered by her and with the gravity of the violations of her rights. (b) General: (i) Investigate promptly, thoroughly, impartially and seriously all allegations of gender-based violence against women, especially war crimes, including rape and sexual violence; ensure that criminal proceedings are initiated in all such cases, bring the alleged perpetrators to trial in a fair, impartial, timely and expeditious manner, and ensure that those accused are, if found guilty, sentenced to penalties commensurate with the gravity of their acts; (ii) Provide victims of gender-based violence against women, especially war crimes, including rape and sexual violence, with safe and prompt acce ss to justice, including free legal aid where necessary, and ensure that they are informed of the progress made in the investigation of their allegations, in line with the guidance provided in the Committee’s general recommendation No. 33; (iii) Ensure that legislative measures are taken to preclude convicted perpetrators of war crimes from being exempted from their sanctions, including through the routine reduction of sentences and replacement of imprisonment by fines; (iv) Establish an effective, nationwide reparation scheme to provide all forms of redress to victims of war crimes, including sexual violence, with equal access to social benefits and other support measures to which they are entitled; 20-11100 15/16