Courts directly due to Section 5 of the Police Act which limits the liability of the Police. The Commission therefore finds that all these compromises fair trial. 230. As touching Article 26, the Complainants allege that the Respondent State's government system of checks to prevent human rights violations is flawed and ineffective, and that the Constitution of South Sudan has no provision for the effective enforcement of the Bills of Rights which is a guarantee of compliance with the Charter. 231. They also contend that there is no effective constitutional supervisory jurisdiction for the courts to compel the Executive branch to adhere to the constitution and protect and uphold the provisions of the Charter, contrary to the obligations placed on States by Article 3(h) of the Constitutive Act of the African Union. The complainants aver that the Respondent State violates Article 26'9£ the Charter by not allowing the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed in the Charter. 232. The Commission acknowledges that it may not totally rely dn"fhe Complainants' allegations to determine whether or' not the State has complied to its duties to protect the courts, it will therefore draw its conclusions suo motu. In this regard, the Commission notes that it had found a vi9lation of Article 26 in a case wherein it was alleged that 'procedural defiqiencies" ha'd,;,deprivedthe victims of an 'effective and impartial investigationJ'f Also in Tsatsu Tsikata v. Republic of Ghana, the Commission found that a series of measures taken by the government amounted to interference in the independence ofthe'judiciary.i'" ,,'·::)·;",,;;1 ~<~L<~r; '_ ~ 233. The Complainants in this case state ';that the Transitional Constitution of the Respondent State lacks provisions such as mandamus and certiorari, to enable individuals to apply to the Courts to enforce their Constitutional rights; and that the Constitutional remedy provided for in Article 306 of the Constitution is a civil remedy and cannot effectively address a case of criminal nature which can only be determined after completion .of a criminal investigation by the Police, of which the Complainants complain had' blocked the case. 234. Bearing in mincf'the conv.etgence between Article 7 that deals with the right of the individual, and Article 26 which focuses on 'the institutions that are indispensable to give meaning and content to that right, the Commission is of the view that where the national laws of a State has procedural flaws that inhibits the State from fulfilling its obligation in this regard, violation of Articles 7 and 26 will result. In this case therefore, the Commission finds violation of Articles 7 and 26 of the African Charter by the Respondent State.