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
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