their testimonies before the PPO, and what they alleged in their
application before the African Commission, which hampered the
investigation of the violations. 49
161.
The Complainants argue that the omissions made by the Victims which
the State describes as „discrepancies‟ are due to the conditions under
which the statements before the PPO were taken, and that not all the
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information that they provided was considered or written down. They
further contend that the instances50 detailed in the Respondent State‟s
submission does not discharge it from its obligation to investigate human
rights violations because the omission is not material enough to constitute
a bar, by the Victims, to an effective investigation.
162.
Even though the Respondent State maintains that failure to supply the
PPO with the information required, coupled with the inconsistencies in
the account given by the Victims on the incidents that took place during
the demonstrations hampered the investigations, they seem to agree with
the Complainants that the Victims made omissions due to the
circumstances in which they found themselves. This is seen in the
Respondent State‟s submissions that, “The circumstances surrounding the
incident characterized by a large crowd and the psychological and
physical conditions of the female journalists, did not permit them to
precisely recollect the sequence of events, which in turn did not help the
investigation authority to identify the perpetrators.”
163.
Based on the above, it is the African Commission‟s opinion that the
Respondent State failed to investigate and prosecute the perpetrators who
49
See paragraph 96 above outlining the discrepancies.
50
The Complainants clarify these discrepancies in paragraph 104 above.
46
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