disappeared from the files of the competent authorities. Dr. Daniel Lavalie,
the doctor responsible for examining
the Applicant,
confirms that the
original medical report indicated a third-degree vaginal prolapse secondary
to sexual assault, crucial evidence that could not be recovered due to the
failure of the hospital authorities.
64.
The inability to access these documents prevents the Applicant from
gathering the necessary evidence to substantiate her complaint before
national courts, compromising her chances of obtaining justice. The State
of Sierra Leone’s failure to preserve and provide evidence demonstrates a
serious breach of its duty of due diligence, amounting to a direct violation
of the applicant’s right to an effective remedy.
65.
In addition, the absence of an effective police investigation reinforces the
State’s responsibility. In the case of Norbert Zongo and Others v. Burkina
Faso (No. 013/2611), the African Court ruled that the State’s failure to
adequately investigate the murder of journalist Norbert Zongo amounted
to a violation of the rights to freedom of speech and effective judicial
protection.
66.
The
Court
investigation
concluded
that the
absence
the
State not
only
by
of a diligent and
perpetuated
impunity,
impartial
but
also
discouraged other journalists from fully exercising their freedom of speech,
creating an environment of fear and self-censorship.
67.
Additionally, in the case of Monim Elgak, Osman Hummeida and Amir
Suliman v. Sudan (Communication no. 379/09), the African Commission
emphasized that the absence of a proper investigation by the State in
response to allegations of torture and arbitrary detention constitutes a
violation of the rights protected by the African Charter. The Commission
stressed
that
States
have
an
obligation
to promptly
and
17
GP
impartially