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
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HP
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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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