157. Furthermore, in the SERAC case47 the African Commission stated that: “Governments have a duty to protect their citizens, not only through appropriate legislation and effective enforcement but also by protecting them from damaging acts that may be perpetrated by private parties.” The Inter-American Commission, in Maria da Penha and Maia Fernandes AC HP R 158. v. Brazil, also warned from impunity concerning acts of violence and underlined that, failure to fulfil the obligation to prevent, protect, and prosecute creates a climate that is conducive to such acts.48 159. In the present Communication, the Victims allege that the perpetrators of the sexual assaults they were subject to were police officers, while other identified and unidentified persons were also acting upon orders from the police officers. According to the Complainants, the State failed in its legal obligation to protect against discrimination and take measures to thoroughly investigate, prosecute and punish in cases where it occurs by leaving the perpetrators unpunished. 160. The Complainants assert that when the Respondent State received the Complaints, it failed to institute investigations that could have led to the identification of the perpetrators or established criminal wrongdoing. Rather, it expected the victims to provide them with the identities of the perpetrators. The Respondent however claims that there were discrepancies and contradictions between what the Victims submitted in 47 n 8 above. Para 57 48 Maria da Penha v. Brazil (2001) IACHR para.56 45

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