. In present communication, the State claims to have investigated the alleged abuses, put in place mechanisms to prevent further abuses and to provide remedies to victims. The question is – were all these initiatives done in accordance with international standards? Did they meet the test of effective official investigations under international human rights law? 15 151. The Fact-finding Report of the African Commission to the Darfur Region of Sudan states that some women IDPs who were interviewed during the mission stated that …..their villages were attacked by government forces, supported by men riding horses and camels. The attacks resulted in several deaths and injury of people. Some of these women who sustained injuries, showed their wounds to the Commission. The women furthermore stated that during the attacks, a number of cases of rape were committed, some of the raped women became pregnant. Complaints were lodged at the police but were yet to be investigated. They declared that the attackers came back at night to intimidate the villagers who had not fled, accusing them of supporting the opposition. Everyone had to run away from the villages. The women indicated that they were traumatised by the violent nature of the attacks and said that they would not want to return to the villages as long as their security is not assured. They lamented lack of water and a school in the camp. The mission visited the police station to verify complaints and the level of progress made on the reported cases of rape and other offences, but the mission was unable to have access to the files as the officer in charge of the said cases was absent at the time. At one of its meetings in El Geneina, the mission was informed by the authorities of West Darfur State that even though cases of rapes were reported to the police, investigations could not be conducted because the victims could not identify their attackers. Therefore the files were closed for lack of identification of the perpetrators. 152. UN and Reports of International Human Rights Organisations attest to the fact that the Respondent State has fallen short of its responsibility. For instance, in her 2006 Report, the UN Special Rapporteur on the Human Rights Situation in The Sudan noted that, “the human rights situation worsened from July 2005…and a comprehensive strategy responding to transitional justice has yet to be developed in the Sudan.” She added that the cases prosecuted before the Special Criminal Court on the events in Darfur “did not reflect the major crimes committed during the height of the crisis in Darfur” … “only one of the cases involved charges brought against a high-ranking official, and he was acquitted”. 153. The Special Rapporteur also found that “the Government has taken other justice initiatives, but 16 they too have fallen short of producing accountability” noting that “national laws … effectively protect Sudanese law enforcement officials from criminal prosecution [and that these laws] contribute to a climate of impunity in the Sudan.” The fact that the abuses have persisted and are ongoing since the submission of the communications clearly demonstrates a weakness in the judicial system and lack of effectiveness to guarantee effective investigations and suppression of the said violations. In the opinion of the African Commission, lack of effective investigations in cases of arbitrary killings and extra-judicial executions amount to a violation of Article 4 of the African Charter. 154. Regarding the allegation of Article 5, the Complainants simply make a generalised allegation of human rights violations, adding that ‘methods used included extra-judicial executions, torture, rape of women and girls and arbitrary arrests and detentions, evictions and burning of houses and property, etc.’ 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’. 155. Article 5 of the African Charter is aimed at the protection of both the dignity of the human person, and the physical and mental integrity of the individual. The African Charter does not define the meaning of the words, or the phrase “torture or degrading treatment or punishment..” However, Article 17 1 of the United Nations Convention against Torture defines, the term'torture' to mean “….any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or

اختر الفقرة المستهدفة3