Manual on the Effective Investigation and Documentation of Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment (The
Istanbul Protocol).”
204.
Furthermore, Article 4(c) of the Declaration on the Elimination of
Violence against Women, adopted by the General Assembly provides that
States should, “Exercise due diligence to prevent, investigate and, in
AC
HP
R
accordance with national legislation, punish acts of violence against
women, whether those acts are perpetrated by the State or by private
persons.‟71
205.
The African Commission notes the Inter-American Court‟s decision in
Velasquez Rodriguez v. Honduras ,which held that:
An illegal act which violates human rights and which is initially not directly
imputable to a State (for example, because it is the act of a private person or
because the person responsible has not been identified) can lead to international
responsibility of the State, not because of the act itself, but because of the lack of
due diligence to prevent the violation or to respond to it as required by the
Convention (…). What is decisive is… whether the State has allowed the act to
take place without taking measures to prevent it or to punish those
responsible…72
206.
The acts in the present Communication were illegal and unjustifiable. The
African Commission will not belabour on analysing the responsibility of
the State under this Article since its reasoning will be the same as Article
71
Declaration on the Elimination of Violence against Women, General Assembly resolution
48/104 of 20 December 1993, UN Doc. A/RES/48/104, 23 February 1994.
72
Velasquez Rodriguez v. Honduras (1988) IACtHR, para. 173
59
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