breakdown of law and order, the perpetrators are arrested and brought before the
domestic courts of that country. Therefore, any criminal processes that flow from this
action, including undertaking investigations to make the case for the prosecution, are
the responsibility of the State concerned and the State cannot abdicate that duty. To
expect victims of violations to undertake private prosecutions where the State has not
instituted criminal action against perpetrators of crimes, or even follow up with the
Attorney General what course of action has been taken by the State, as the Respondent
State seems to suggest in this matter, would be tantamount to the State relinquishing
its duty to the very citizens it is supposed to protect." 24
91. Similarly, in Monim Elgak, Osman Hurnmeida and Amir Suliman (represented by
FIDH and OMCT) v. Sudan, the Commission held: "[I]n these circumstances, the
Commission has noted that it is not the victim's task to exhaust domestic remedies,
but rather the State's obligation to investigate the violations alleged and to prosecute
the persons involved on its own initiative and in accordance with international trial
standards. 25
92. In the present Communication, as at the date that the complaint was submitted to the
Commission in April 2019, the Victim had been informed that the police investigation
on the allegations she reported had closed - this information was relayed to the
Victim's legal representative by Commissioner Agas. By closing the investigation on
the Victim's case, there was no other judicial remedy available to the Victim to take
the criminal case further in Namibia.
93. Furthermore, the Commission takes note of the Complainants submissions which
indicate that the Victim, who reported to the Police that she was subjected to human
trafficking for purposes of sexual exploitation, was allegedly accused of providing
false information and unlawfully detained in the police station, for a prolonged period
of time, with no charges levelled against her. It is further reported that the Victim was
interrogated by the Police and threatened with criminal sanctions. The condition
provided by the Respondent State for the Victim's release was that she demonstrates
she was capable of immediately departing from the country u ,_}m e ease.
/
. ~
/
94. The Commission also takes note of the Respondent State's c
impediments to the finalization of the investigations, referen ·
in which the African Court held that local remedies we
for a case of two years and two months. However, the Co
difference with the present Communication - the inst
2 4 Communication 245/02/: Zimbabwe Human Rights NGO Forum v. Zimbabwe (2
nia
ged
tive
tim
~ =.,..:,:-;
agraph 70
2s Supra note 24, paragraph 62. See also Communication 275/03: Article 19 v. Eritrea, (2007) ACHPR, paragraph 72
18