The Prohibition of Torture and Ill-treatment in the African Human Rights System: A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES liberty and security164 and fair trial and due process guarantees.165 The African Commission has confirmed that Article 5 applies to the acts of State and non-state actors. It has found that even where the State is not directly responsible for the acts of non-state actors, it can still be found to have violated the Charter. In the case of Zimbabwe Human Rights NGO Forum v. Zimbabwe, the Commission recognised the general principle that the State can be found responsible for the acts of non-state actors “not because of the act itself, but because of the lack of due diligence [on the part of the State] to prevent the violation or for not taking the necessary steps to provide the victims with reparation”.166 In this particular case, the Commission addressed whether or not the State acted with due diligence in preventing acts of torture and extrajudicial killings by non-state actors and protecting the victims subsequently. The State had argued that it had taken a range of measures ‘to deal with the alleged human rights violations, including amendment of legislation, arrest and prosecution of alleged perpetrators, payment of compensation to some victims and ensuring that it investigated most of the allegations brought to its attention’.167 It argued that ‘due to the circumstances prevailing at the time, the nature of the violence and the fact that some victims could not identify their perpetrators, the police were not able to investigate all cases referred to them’.168 The Commission observed that the complainant had not provided adequate evidence that the measures taken by the State were insufficient and therefore did not find a violation. 2. The Jurisprudence of the African Commission on Human and Peoples’ Rights Through the exercise of its protective mandate, the African Commission has developed a body of jurisprudence on the rights guaranteed under the African Charter, including Article 5 and the other provisions relevant to torture and ill-treatment mentioned above. a. The Prohibition against Torture: General Principles and Conceptual Clarifications Article 5 incorporates two distinct, but interrelated aspects: respect for dignity and the prohibition of exploitation and degradation. The Article further complicates matters by listing slavery, slave trade, torture, cruel, inhuman and degrading 164 Ibid., Article 6. 165 Ibid., Article 7. 166 ACHPR, Zimbabwe Human Rights NGO Forum v. Zimbabwe, Comm. No. 245/02, 39th Ordinary Session (15 May 2006), para. 142. 167 Ibid., para. 161. 168 Ibid., para. 154. 48