233. In order to be impartial, it would have been of paramount relevance in the investigative processes for the PPO to obtain, if necessary proprio motu additional evidence from other sources by giving room for more witnesses in the scene to make illustrative statements that could corroborate the statements made by the Victims. Instead, the PPO gave undue attention to the „discrepancies‟ made by the Victims which made it arrive at the AC HP R tenuous conclusion that it could not proceed with the investigations because the perpetrators could not be identified, creating an appearance of an actual lack of impartiality. 234. According to this Commission, based on the evidence before it, there were procedural deficiencies that affected the final decision that was taken by the PPO in this Communication. This obliges the Commission to conclude that the Victims were indeed deprived of an effective and impartial investigation from the PPO. Having said this however, the African Commission is of the opinion that the impartiality of the investigative process should be separated from the allegations related to Article 7(1) (a) and 26 of the African Charter. This is because even though lack of impartiality of the investigations amount to a violation of the Victims‟ right to effective remedies, it cannot be classified as a violation of the Victims‟ rights under Articles 7(1)(a) and 26 of the African Charter which form the basis of this analysis. 235. The above notwithstanding, the second arm of Article 26 of the African Charter also provides that, States should “allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the 69

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