the commitment that, as soon as new facts or new charges will be discovered In terms of the above mentioned provisions of the Criminal Procedure Code, it will reopen investigation as long as the 10 (ten) years prescription provided for crimes would not have elapsed". 103. On the application for resumption of investigations into the murder of Norbert Zongo and his three companions, the Court notes that this is not really a measure of nonrepetition , but rather one of cessation of a violation already established. 104. Be that as it may, the Court is of the opinion that this is indeed a legitimate measure likely to forestall the continued violation of Article 7 of the Charter in this case. 105. This position is consistent with the jurisprudence of some international courts. For instance, the Human Rights Committee held the view in a case that: "The State party should investigate the events complained of and bring to justice those held responsible for the author's treatment; it further is under an obligation to take effective measures 38 to ensure that similar violations do not occur in the future." 106. For its part, the African Commission on Human and Peoples' Rights frequently recommends to States to take certain measures to prevent a repetition of the vtolations it has established. In the matter of Gabriel Shumba v. Zimbabwe , for example, it recommends "that an enqu1ry and investigation be carried out to bring those who perpetrated the violations to justice".39 The Committee on Human Rights · M'Boissona v. Central African Republic (for Fran9ois Bozize), DeciSion of7 Aprrl1994 , Communication No 428/1990, para 7. 38 ACHPR: Commumcat1on 288/04 , Gabriel Shumba v Zimbabwe, 51st Session. 2 May 2012, para 194 (2) "that an inqu1ry and Investigation be carried out to bring those who perpetrated the violations to justice ", See m thts regard Idem: Communications 54/91-61/91 -98/93-164/97- 196/97-210/98 Malawi Afnca AssoctattOn, Amnesty International, Ms Sarr Diop. Inter African Unton of Human Rights and RADDHO, Group of widows and beneficiaries, Mauritanian Human Rights Association v. Mauritania, 27th Session, 11 May 2000, the operative section; Communication 241/01 . Purohit and Moore v The Gambta, 33rd Sesston, 29 May 2003, the operative section, Communication 279103-296105, Sudan Human Rtghts Orgamzat1on and Centre on Housing Rights and Evictions (COHRE) v. Sudan, 45th Session, 27 May 2009, the operative section; AFCHPR: Communication 236/00, Curtis Francis Doebbler v. Sudan, 46th Sess1on, 25 November 2009, the operative section; Communication 334/06 , Egyptian Initiative for Personal Rights and lntenghts v Egypt, 9th Extraordinary session. I March 2011. the operative section 31 32

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