been met. The Victims were left with no other remedy because the inquiry
procedures have been stopped.
66.
It is the African Commission‟s view that the Respondent State‟s
submission on the temporary halt of inquiry procedures cannot justify the
reason why Victims should be left without any recourse until a potential
reopening of a matter, following new evidence. The African Commission
AC
HP
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notes that eighteen (18) months have passed since the alleged violations
occurred and probabilities for the inquiry to be re-opened are slim since
evidence has already been gathered and examined. The Respondent State,
also did not supply the African Commission with any evidence that it has
instituted actions to find „the new evidence.‟
67.
In view of the above, the African Commission declares the
Communication Admissible.
The Merits
The Complainants’ Submissions on the Merits
68.
The Complainants state that the Respondent State has violated the rights
enshrined in the African Charter in several ways. They submit that the
Respondent State failed in its obligation to protect the Victims from sexual
violence.
Alleged violation of Article 1
69.
The Complainants state that the positive obligations imposed under
Article 1 of the African Charter are manifested in two ways, including, the
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