(~CHP~\ACH PR .., I African Commission on Human Rights our Collective Responsibility Human and Peoples' Rights 9. The Complainant also describes that in the 2002 Robben Island Guidelines Resolution, the African Commission called on States to ensure that the victim of an act of torture, and any dependants, have access to appropriate medical care, the means for social rehabilitation and medical rehabilitation, and adequate compensation and support. She further states that the African Commission also frequently grants reparations to victims whose rights under the African Charter have been violated= . O.The Complainant states that the right to remedy and reparation is also recognized by other international instruments and bodies including CEDAW which, in General Recommendation No. 30, states that "The Committee reminds States parties that their obligations also require that they provide 'women with the right to remedy, that is to say, the right to effective and adequate reparation for violations of their rights under the Convention [CEDAW]"44 . 1. The Complainant argues that according to the Guidelines and Principles on the Right to a Fair Trial and Legal Assistance in Africa, the right to an effective remedy includes access to justice, reparation for harm suffered and access to factual information about violations. The Complainant reports in this sense that, as the Committee has recognized, 'if redress is not provided to those whose rights ... have been violated, the obligation to provide an effective remedy ... is not fulfilled'45. 2. The Complainant asserts that the Respondent State was found by its own court to be responsible for Sergeant Chance's actions, and was required to pay her damages. She explains that by failing to do so, the State failed to provide effective remedies for the violations committed against her, as required by Articles 1 and 7, read in conjunction with Articles 5 and 14 of the African Charter, and by Article 25, read in conjunction with Article 4(2)(£)of the Maputo Protocol. 3. The Complainant emphasizes that regional and international human rights bodies recognize that the obligation to provide reparation for serious violations generally requires the award of appropriate See, for example, African Commission, Amnesty International and Others v. Sudan, Comm. No. 48/90,50/91, 52/91, 89/93 ; Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l'Homme et RADDHO, Collectif des veuves et ayants-Droit, Association mauritanienne des droits de l'Homme v. Mauritania Comm. Mauritania Comm, Nos. 54/91, 61/91, 98/93, 164/97 to 196/97 and 210/98; Egyptian Initiative for Personal Rights and Interights v, Egypt, Communication No. 334/06; for an overview of the African Commission's approach and jurisprudence on the right to reparation, see REDRESS, «Accessing Justice - The Right to Reparation in the African Human Rights System', October 2013, available at www.redress.org/ downloads/ publications/1312french-reaching-for-justice-151013-french.pdf 44 CEDAW, General Recommendation No. 30 on women in conflict prevention, conflict and post-conflict situations, CEDAW/C/GC/30, 18 October 2013, para. 79. ." _" 45 Human Rights Committee, General Comment No. 31: The nature of the general legal obligatio ~p(;}!;eatUn.§tates parties to the Covenant, CCPR/C/21/Rev.1/ Add.13, 29 March 2004, ara.16. ;' ,o~"G"nf R/4'f '<:-(ON\\ 43 AnO;Qanol!h. The African Commission on Huma~~~d P pl.e.s'·Rigti <'<"If', , 31 Bijilo Annex LaYOU,QKom 0 N~~.I~D~triCt. wesf;toas Reg (1 SaiJ,4bia, Phone: (220) 230 43(3:1Fax (220) ·41'0504 Ul 0 aU-banjUl~f\-Ur1i!3rY.br ."IS "; Email: , ti;s:laebp,r. -, (", ,_~ 0", 4 "R Ie I'\~'" ~ \ ~ 8 c;; l~ s: ~~ Iv O""'ME ET D~S """'9-> e 9 on 32

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