(~<".~) ~~~ttEf~ Human R;ghts our Human and Peoples' Rights Collective Responsibility promote and fulfil, the Complainants citing the International Commission of Jurists, MilitanJ Jurisdiction and International Law,215 submitted 260. As to the obligations to protect, that State needs not only to refrain from directly violating the concerned rights but also to take appropriate positive steps to ensure the positive framework address violations. They noted that the significant component State's duty to investigate be demanding providing of such obligation is the human rights violations and prosecute the perpetrator(s) prompt, thorough, impartial and independent 261. The Complainants to prevent and also submitted along the Commission's that State Parties are under the obligation readily accessible and fully independent investigations. Robben Island Guidelines, 216 to ensure the establishment mechanisms to of to which all persons can bring their allegations of torture and ill-treatment.P? 262. Associating with the facts, the Complainants submitted agents were directly responsible State in the Charter. As is set out in breached its duty to give effect to the rights guaranteed the analysis of the violations regarding that the Respondent Articles 2, 3, 5, 9(2), 11, 18(3) and 26 (above), its for engaging in discrimination and torture against the victims, subjecting them to violence, including sexual violence, and failing to undertake an adequate investigation the Complainants the Respondent into, or prosecution from accessing an appropriate of the violations, therefore preventing remedy, and that the criminal laws of State failed to provide sufficient protection against the crime of rape committed against the Complainants.st" 263. The Commission remains guided by its decision in Dauida [auiara v. The Gambia,219 that a violation of any provision of the Charter automatically means a violation of Article 1, hence, if a State Party to the Charter fails to recognise the provisions of the same, there is no doubt that it VIolates this Article. DECISION OF THE COMMISSION ON THE MERITS 264. For the foregoing reasons, the Commission: (a) Finds that the Respondent State violated Articles 1, 3, 5, 7, 9(2), 11, 18(3) and 26 of the African Charter; 215 r.33 Adopted in October 2002, Article 17. Ibid, .Article 19. 218 See, Paragraph 223 of the Complainants written Submission on Merits 210 217 219 Comm. Nos. 147/95 and 149/96, para 46 . 611 P age African' Union I i 31 Bijlo Annex Layout, , West Coast ambia Phone: (220) 230 4361 Fax: (220) 441 0504 Email: au-banjtJl@africa-union.org hltps:/achpr.au.lnIfO Qa