committed gender-specific violations against the Victims. Failure to
investigate effectively, with an outcome that will bring the perpetrators to
justice, shows lack of commitment to take appropriate action by the State,
especially when this lack of commitment is buttressed by excuses such as
lack of sufficient information to carry out a proper investigation.
Furthermore, failure to investigate compromises an international
responsibility on the part of the Respondent State, both in the case of
AC
HP
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crimes committed by agents of the State and those committed by private
individuals.
164.
The effects of the violations perpetrated on the Victims were palpable
physically, and even from the medical records. The State did not therefore
need further information to proceed with the necessary investigation that
will bring the perpetrators to justice. As the Inter-American Commission
said in Maria da Penha and Maia Fernandes v. Brazil, and this
Commission agrees, that “Ineffective judicial action, impunity, and the
inability of victims to obtain compensation provide an example of the lack
of commitment to take appropriate action…”51
165.
The African Commission also holds the same view with the CEDAW
which held that, violence against women affects, compromises or destroys
the enjoyment and exercise by women of their fundamental and human
rights in different spheres of life.52 In this regard, the African Commission
considers violence against women as a form of discrimination against
them.
51
n 49 above, para. 57
52
The United Nations Committee on Civil and Political Rights
47
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