157.
Furthermore, in the SERAC case47 the African Commission stated that:
“Governments have a duty to protect their citizens, not only through
appropriate legislation and effective enforcement but also by protecting
them from damaging acts that may be perpetrated by private parties.”
The Inter-American Commission, in Maria da Penha and Maia Fernandes
AC
HP
R
158.
v. Brazil, also warned from impunity concerning acts of violence and
underlined that, failure to fulfil the obligation to prevent, protect, and
prosecute creates a climate that is conducive to such acts.48
159.
In the present Communication, the Victims allege that the perpetrators of
the sexual assaults they were subject to were police officers, while other
identified and unidentified persons were also acting upon orders from the
police officers. According to the Complainants, the State failed in its legal
obligation to protect against discrimination and take measures to
thoroughly investigate, prosecute and punish in cases where it occurs by
leaving the perpetrators unpunished.
160.
The Complainants assert that when the Respondent State received the
Complaints, it failed to institute investigations that could have led to the
identification of the perpetrators or established criminal wrongdoing.
Rather, it expected the victims to provide them with the identities of the
perpetrators.
The
Respondent
however
claims
that
there
were
discrepancies and contradictions between what the Victims submitted in
47
n 8 above. Para 57
48
Maria da Penha v. Brazil (2001) IACHR para.56
45
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