circumstances of the case. They argue that the omissions have no material
bearing on the present Communication.
107.
They reiterate that the Respondent State failed in its obligations, in
particular in its procedural obligation to investigate. This is because,
according to the Complainants, when the Respondent State received the
complaints, it failed to institute investigations that could have led to the
AC
HP
R
identification of the perpetrators or established criminal wrongdoing.
Rather, it expected the Victims to provide them with the identities of the
perpetrators.
108.
The Complainants submit that when the PPO provided reasons for its
failure to prosecute, they stated that the crime of „assault on honour‟ could
not be prosecuted because the perpetrators, whoever they are, lacked the
requisite intent for committing the crime. In this regard, the Complainants
aver that the Respondent State‟s submission that it failed to investigate,
prosecute and punish the perpetrators because of the omitted information
by the Victims is incorrect. They argue that the Victims submitted
sufficient information to enable an investigation to take place.
The Respondent State’s Additional Submissions on the Merits
109.
In its additional submissions,
the Respondent State disputes the
allegation that the investigation undertaken from the Complaints filed by
the
Victims, before the PPO
as well as the decision by the Appeal
Chamber upholding the decision of the PPO,
lacked impartiality,
objectivity or integrity.
31
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