113.
Furthermore, according to the the Respondent State, the disparities make
it evidently clear that the decision reached by the PPO, after its detailed
and scrupulous investigations which showed that there were no grounds
for initiating criminal proceedings "temporarily" due to the inability to
identify the perpetrators was logical and sound. More so, the perpetrators
could not be identified and all those accused by the Complainants,
including the police and the others, were not present at the scene of the
AC
HP
R
incident at the material time.
The African Commission’s Analysis on the Merits
114.
In this Communication, the African Commission is called upon to
determine whether the Respondent‟s State failure to protect the Victims
from the alleged acts or omissions is a violation of their rights under the
African Charter; specifically Articles 1, 2, 3, 5, 7(1) (a), 9(2), 16, 18(3) and
26.
115.
Articles 2 and 18(3) will be considered together, given that both have an
element of discrimination.
116.
Article 1 of the African Charter will be dealt with after all the other
Articles have been analyzed, since a violation of Article 1 can only be
established if other Articles in the Charter have been violated.
Alleged violation of Article 2-Right against non-discrimination, and Article
18(3)-Right of Non-discrimination Against Women
117.
Article 2 of the African Charter provides that: “Every individual shall be
entitled to the enjoyment of the rights and freedoms recognised and
guaranteed in the present Charter without distinction of any kind such as
33
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