Communication 341/07 - Equality Now v Ethiopia 152. However, the Complainant alleges, and the Respondent State does so refute, that the practice of marriage by abduction and rape still exists despite the commendable on-going legal and institutional reforms reported by the Respondent State. This entails that beyond Ms Negash, other girls and women are under a continuing risk of being abducted, raped and forcibly married. As noted above, the Respondent State is under the obligation to adopted escalated and targeted measures to ensure that this practice ceases completely, and in that regard it has a margin of appreciation bearing in mind its knowledge of the peculiar national realities. 153. In addition to general measures it is already implementing, such measures must as of necessity include diligent prosecution of those still engaging in the practice and wide publication of convictions to put prospective offenders on notice of the consequences of engaging in the practice with a view to deter them. In such matters, statistics are instructive. Accordingly, the Respondent State would be requested to provide statistics on instances of marriage by abduction and rape, as well as on successful prosecution of perpetrators. 154. Concerning the perpetrators of the abduction and rape of Ms Negash in particular, the Commission takes into account that the acts were committed in 2001, about 14 year ago. The perpetrators were prosecuted, found guilty, but acquitted and discharged on appeal, without possibility of being retried. The Commission does not consider it necessary to insist, in the circumstances, that the Respondent State should commence criminal proceedings afresh. Having failed to prevent the violations and render appropriate remedies through the criminal justice system, the Respondent State now bears responsibility for the violations and is liable to provide reparations to Ms Negash. 155. In that regard the Commission notes the Respondent State's averments that it already compensated Ms Negash in accordance with the settlement agreement reached through Ethiopian Women Lawyers Association acting on behalf of Ms Negash. However, as noted at paragraph 43 above, the Commission terminated the settlement negotiations in 2012 following lack of commitment from the Respondent State. Indeed it was on the basis that settlement negotiations had been terminated that the Commission resumed consideration of the Communication on admissibility. The Commission cannot have regard to the purported settlement agreement. 156. Even if it had regard to the purported settlement agreement, the Respondent State does not produce any evidence of the measures it purportedly took in compliance with the terms of the alleged settlement agreement. The alleged measures aj^^to^ nature that would ordinarily be documented. The Respondent State has^m^, produced any copy of the record of disciplinary measures taken. Nej

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