CEDAW/C/78/D/130/2018 diligence, States parties must adopt and implement diverse measures to tackle gender based violence against women committed by non-State actors, including having laws, institutions and a system in place to address such violence and ensuring that they function effectively in practice and are supported by all State agents and bodies who diligently enforce the laws. The failure of a State party to take all appropriate measures to prevent acts of gender-based violence against women in cases in which its authorities are aware or should be aware of the risk of such violence, or the failure to investigate, prosecute and punish perpetrators and provide reparations to victims/survivors of such acts, provides tacit permission or encouragement to perpetrate acts of gender-based violence against women. Such failures or omissions constitute human rights violations. In this regard, the Committee refers to its general recommendation No. 28 (2010) on the core obligations of States parties, in which it states that “States parties must address all aspects of their legal obligations under the Convention to respect, protect and fulfil women’s right to non -discrimination and to the enjoyment of equality” and that “they are further obliged to react actively against discrimination against women, regardless of whether such acts or omissions are perpetrated by the State or by private actors”. 12 6.4 The Committee also recalls that, in determining when acts of gender-based violence against women amount to torture or cruel, inhuman or degrading treatment, a gender-sensitive approach is required to understand the level of pain and suffering experienced by women, and that the purpose and intent requirements for classifying such acts as torture are satisfied when acts or omissions are gender-specific or perpetrated against a person on the basis of sex. 13 Given the author’s arrest by forces affiliated with the State party’s Ministry of the Interior on 11 and 12 August 2012, the physical and verbal abuse inflicted upon her and the fact that, despite her visible injuries, public officials questioned her immediately thereafter about her women’s rights organization, the Committee considers the abuse as described by the author to have been gender-specific as well as, at a minimum, inflicted with the consent or acquiescence of public officials, and thus to amount to torture, in respect of which the State party failed to discharge its obligations to investigate, prosecute, punish and provide reparations, in violation of the author’s rig hts under article 2 (b), (d) and (e), read in conjunction with article 1, of the Convention. 6.5 The Committee notes the author’s further claim that the State party breached her rights under article 7 (c) of the Convention, in that its authorities made her cease her work for Hakki, by failing to protect her from threats and by attempting to punish her for her activism for women’s rights. The Committee also notes that the author was arrested during a women’s rights workshop and questioned on Hakki immediately after being tortured. In addition, it notes the Deputy Interior Minister’s criticism of Hakki for “chanting for women’s freedom”. The Committee further notes that States parties should encourage the work of human rights organizations and women’s non-governmental organizations. In this connection, the Committee recalls its general recommendation No. 30 (2013) on women in conflict prevention, conflict and post-conflict situations, in which it states that women’s “ability to participate as active members of civil society” is among the “prerequisites for creating a society with lasting democracy, peace and gender equality”. 14 Accordingly, the Committee considers that the facts as submitted reveal a violation by the State party of the author’s rights under arti cle 7 (c), read in conjunction with article 1, of the Convention. 7. In accordance with article 7 (3) of the Optional Protocol and taking into account all of the foregoing considerations, the Committee finds that the State party has __________________ 12 13 14 8/10 Paras. 9 and 10. General recommendation No. 35, para. 17. Para. 42. 21-04766