Committee in Hakan Goekce et al. v. Austria, which affirmed due diligence when
considering complaints on the failure of the State to effectively investigate and
prosecute cases on violence against women. 37 Citing the decisions of the
Commission in Zimbabwe Human Rights Forum v Zimbabwe 38 and Egijptian Initiative
for Personal Rights and Interights v Egypt39 , the Complainants contend that the
Respondent State is responsible for the violations of Article 5 of the Charter and
Article 4(2)(g) of the Maputo Protocol perpetrated against the victim by private
actors because it failed to do its due diligence and prevent, investigate, prosecute,
and punish the acts of violence.
111.
The Complainants allege that the Victim was raped; forced into sexual acts
that involved physical bondage and the exercise of dominance; 40 had her hair
pulled; was beaten, kicked, slapped and punched; forced to get into physical fight
with another young woman, while the rapist observed; her breast was burnt with
cigarettes and forcibly injected and drugged with unknown substances, as a result
she would lose consciousness for hours. The Complainants argue that treatment
against the victim amounts to physical and emotional trauma and the victim was
subjected to cruel, inhuman and degrading treatment.
112.
The Complainants aver that the Respondent State became aware that the
victim was a victim of trafficking for purposes of sexual exploitation, when she
first reported at the Central Police Station on 19 October 2017, following the
victim's escape from her captors on 18 October 2017.They further argue that
according to the affidavit of Joshua Ndidalewa (Annex 7), Commissioner Agas
(Annex 5) and Mr. Dumeni (Annex 4), the police interrogated her and threatened
her with criminal sanctions, and her request to be sent to the Kenyan High
Commission was refused. It is also submitted that the laptop and cellphone that
the victim handed over to the police as evidence was surrendered to one of the
traffickers, whom they thought was her father. The aforementioned cellphone was
submitted to the victim's forensic investigator, who in six days uncovered
evidence corroborating her human trafficking allegations, whereas the police in
Namibia had both the phone and the aforementioned la
· ,, . . uld not derive
any evidence. The Complainant avers that the Victim.' s fotensiu"'"' · ti.gator also
fc;m nd evidence of spyware on the victim's phone, ~ ide '3 w · ,., o Q again had
n6t been discovered by the Police in the Respo <;.f e9 Stat , T'h C plainants
contend that by the 14 th of June in 2018, the pol' ii e4U es-po
tate had
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37 Communications
o. 5/2005; Banu Akbak et al. v. Austria,
33 Communication
o. 245/02 (2006) .
39 Communication
o. 323/2006
40 " he would be suspended from the ceiling, tied to chairs"
23
0 . 6/2005
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