been met. The Victims were left with no other remedy because the inquiry procedures have been stopped. 66. It is the African Commission‟s view that the Respondent State‟s submission on the temporary halt of inquiry procedures cannot justify the reason why Victims should be left without any recourse until a potential reopening of a matter, following new evidence. The African Commission AC HP R notes that eighteen (18) months have passed since the alleged violations occurred and probabilities for the inquiry to be re-opened are slim since evidence has already been gathered and examined. The Respondent State, also did not supply the African Commission with any evidence that it has instituted actions to find „the new evidence.‟ 67. In view of the above, the African Commission declares the Communication Admissible. The Merits The Complainants’ Submissions on the Merits 68. The Complainants state that the Respondent State has violated the rights enshrined in the African Charter in several ways. They submit that the Respondent State failed in its obligation to protect the Victims from sexual violence. Alleged violation of Article 1 69. The Complainants state that the positive obligations imposed under Article 1 of the African Charter are manifested in two ways, including, the 16

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