Recommendations 194. In view of the above, the African Commission finds that the Respondent State is in violation of Article 5 of the African Charter. The African Commission recommends that the Respondent State: 1. Pay adequate compensation to the Victim for the torture and trauma caused. 2. That an inquiry and investigation be carried out to bring those who perpetrated the violations to justice. 3. Report on the implementation of these recommendations within three months from the date of notification. Done in Banjul, The Gambia, at the 51st Ordinary Session of the African Commission on Human and Peoples' Rights, from 18 April - 2 May 2012. 1 See Communications 27/89, 46/91, 49/91 and 99/93, Organisation Mondiale Contre la Torture and Association Internationale des Juristes Démocrates, Commission Internationale des jurists (CIJ), Union Interafricaine des Droits de l'Homme v. Rwanda, Tenth Annual Activity Report 1996 -- 1997. 2 C. Heyns, 'Civil and political rights in the African Charter', in M. Evans and R. Murray (eds) The African Charter on Hitman and People's Rights: The system in practice 1986 - 2000, 153. 3 See Respondent State Merit Brief. 4 See Respondent State submission on the Merit. 5 Ibid. 6 Ibid. 7 See paras of this..... 8 Communication 223/98 -- Forum of Conscience v Sierra Leone. 9 See for example, the consolidated Communications 54/91-61 91-96/93-98/93-164/97_196/97-210/98 : ; Communications 27/89-46/91-49/91-99/93 : Organisation mondiale contre la torture, Association internationale des juristes démocrates, Commission internationale des juristes, Union interafricaine des droits de l'Homme/Rwanda. 10 Ibid. 11 13th Activity Report: 1999-2000. 12 (See, ACHPR/59/91. ACHPR/60/91. ACHPR/64/92. 68/92. 78/92. ACHPR/87/93. ACHPR/101/93). 13 13th Activity Report: 1999-2000. 14 9th Activity Report: 1995-1996. 15 See also Communication 64/92-68/92-78/92_8AR: Krishna Achuthan (on behalf of Aleke Banda),Amnesty International (on behalf of Orton and Vera Chirwa), Amnesty International (on behalf of Orton and Vera Chirwa) v Malawi where the African also found a violation of Article 4. In those communications Amnesty International petitioned the African Commission on behalf of Orton and Vera Chirwa. Orton Chirwa had been a prominent political figure in Malawi before independence, but had been living in exile in Zambia with his wife since 1964 because of differences with Malawi's President Banda. In 1981, the Malawi security officials took them into custody and they were subsequently sentenced to death for treason at a trial in the Southern Regional Traditional Court. They claimed at this trial that they had been abducted from Zambia. They were denied legal representation. The sentences were upheld by the national traditional Appeals Court, although the Appeals Court criticized many aspects of the conduct of the trial. After international protest, the sentences were commuted to life imprisonment. The Chirwas were held in almost complete solitary confinement, given extremely poor food, inadequate medical attention. 16 The following treaties enshrine in their instruments the right to life. See Article 4 African Charter on Human and Peoples' Rights; Article 4 American Convention on Human Rights; Second Protocol to the American Convention on Human Rights to Abolish the Death Penalty; Inter-American Convention on the Forced Disappearance of Persons; Article 2 European Convention for the Protection of Human Rights and 26