investigation into the applicant‟s arguable claim that he had been beaten by police officers violates Article 3 of the Convention.92 230. Accordingly, borrowing from the European Court, it follows that where Victims raise arguable claims to have been ill-treated in breach of violations in the African Charter, the investigation carried out must be prompt and impartial to be effective. An impartial investigation should AC HP R involve a thorough or scrupulous procedure which leads to results that identify the perpetrators and punishes those responsible for the illtreatment and other violations alleged. 231. The African Commission has noted the arguments presented by the parties to this Communication and concurs with the submissions made by the Complainants that the investigation carried out by the PPO was not impartial, which jeopardised the Victims‟ right to an effective remedy. Even though the Respondent State describes the steps taken by the PPO during the investigation and concludes that the PPO did not prosecute due to lack of sufficient information from the Victims, and discrepancies in their Statements and medical reports, the African Commission finds that the PPO lacked sufficient evidence on which to decide whether or not the violations took place. 232. Additionally, apart from outlining the discrepancies which are described as omissions by the Complainants, and which the Commission agrees do not have any material bearing on the investigation of the complaints put forward by the Victims, this Commission notes that the Respondent State failed to substantiate its arguments about the discrepancies in the medical reports. 92 Ibid Para 106 68

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