*** 58. Article 5 of the Charter provides that “[e]very individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.” 59. The Court observes that this allegation relates to the Justice of the Peace’s failure to conduct an investigation into how the Applicant sustained the wounds. It further observes that upon conducting a physical examination, the Magistrate observed wounds on the mouth and abdomen of the Applicant20 but did not inquire from the Applicant how he sustained them and also did not refer him for medical examination. The only action that the Magistrate took was to report his findings but did not go further to order an investigation into how the wounds were sustained by the Applicant. 60. This Court has previously held that once prima facie evidence had been established of ill treatment on an accused person, the burden automatically shifts to the Respondent State to prove the contrary.21 Moreover, this Court has also held that within the Respondent State’s judicial system, judicial officers being part of the domestic judicial proceedings, bear a duty to provide the accused with adequate protection upon being arrested as suspected criminals, to conduct investigations into how they sustained the injuries and, finally, to bring the culprits to book.22 61. Given that the Justice of the Peace failed to order prompt investigations into the alleged abuse, the Court considers that the Respondent State failed in its duty to investigate allegations of abusive cruel, inhumane and degrading 20 High Court Judgment pages 32-34 and the Extra Judicial Statement, Exhibit 000056. 21 Habyalimana Augustino and Muburu Abdulkarim v. United Republic of Tanzania, ACtHPR, Application No. 015/2016, Judgment of 3 September 2024 (merits and reparations), § 141. 22 Ibid, § 24. 16