present Charter”. It reads from this provision that “The establishment of national institutions” translate to establishing courts to protect individuals from abuse from the State. However, it could also be interpreted to mean establishing institutions which also have the mandate to create mechanisms for protection. Essentially therefore, the Respondent State has a duty to provide the structures and mechanisms necessary for the 236. AC HP R exercise of the right to fair trial. This obligation is alluded to, by the Principles of the African Commission in its Principles.93 The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power94 also provides that judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress…”95 237. The Complainants submit that sexual violations and physical assaults are most effectively dealt with by the criminal process and that the State has an obligation to ensure that there is an efficient criminal law remedy available for vulnerable individuals subjected to violations of a physical and sexual nature. The Respondent State‟s submissions are only in respect of the reasons why the perpetrators could not be prosecuted, it does not provide any information about mechanisms that were put in place after the incidences to afford protection and redress to the Victims, and even to prevent future occurrences of such violations. 93 Section A(4)(u.) 94 Adopted by General Assembly resolution 40/34 of 29 November 1985. 95 Para 5. 70

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents