(,iCH'~).,ACH PR \. ,annn . African Commission on , Human and Peoples' Rigllts Hurnan Rights our Collective Responsibility Commission recognize its violations is pointless and has been rendered meaningless since the judgment of 17 November 2008. Alleged violation of the right to a fair trial under Article 7 of the African Charter and the right of access to justice under Article 8 of the Maputo Protocol on the one hand, and the right to a remedy under Articles 1, 7 and 5 of the African Charter and Articles 25 and 4(2)(f) of the Maputo Protocol, on the other. 08. The Commission recalls that Article 1 of the African Charter states that "Member States of the Organization of African Unity, parties to the present Charter, recognize the rights, duties and freedoms set forth in this Charter and undertake to adopt legislative or other measures to give effect to them" and Article 7 that "1. Everyone has the right to have his case heard. This right includes: a. the right to take proceedings before the competent national tribunals in respect of any 'act violating the fundamental rights recognized and guaranteed by the conventions, laws, regulations and customs in force [...J". 09. Article 8 of the Maputo Protocol states that "Women and men shall enjoy equal rights before the law and the right to equal protection and benefit of the law. States shall take all appropriate measures to ensure: a) the effective access of women to legal and judicial assistance and services [...]", article 25 that "States Parties to the present Charter shall promote and ensure, through teaching, education and dissemination, respect for the rights and freedoms set forth in the present Charter, and shall take measures to ensure that these rights and freedoms are understood together with their corresponding duties and obligations. ";and article 4(2) that "Statesshall take appropriate and effective measures to [...] establish accessible mechanisms and services to ensure information, rehabilitation and effective compensation for women victims of violence". The Commission first recalls that the initial and basic obligation of States parties to any international instrument is the establishment of effective measures promoting the full enjoyment of all fundamental rights by all, as contained in article 1 of the African Charter and article 25 of the Maputo Protocol. 10. Secondly, in view of the importance it attaches to the right to a fair trial, as set out in Article 7 of the African Charter, the Commission adopted the Resolution53 on the procedure relating to the right of appeal and to a fair trial, and the Resolution54 on the Right to a Fair Trial and Legal Assistance in Africa, in which it described the essence of the right to an effective appeal and the right to a fair trial. 11. Page 23 on 32