children accused of witchcraft accusation in a manner it addresses their vulnerabilities constitutes violation of Article 5 (2) of the Charter. Alleged violation of Article 16 on freedom from abuse and torture 72. The Complainants submit that by not exercising due diligence to protect children from the violence, deprivation of liberty, and suffering resulting from accusation of witchcraft and by failing to prosecute the perpetrators of these violations, the Respondent State has violated Article 16 of the Charter. The Respondent State, however, contends that it has provided appropriate measures, which are adequate and efficacious enough to cater for the rights of children accused of witchcraft. The Respondent State provided one pending case on accusation of witchcraft against a child suggesting it has shown due diligence in investigation and prosecution. The Respondent State also claiming that there is significant drop of the cases of witchcraft accusation following the setup of the commission of inquiry in 2010. 73. In assessing the alleged violation of Article 16, the Committee notes the issue for determination is whether accusation of witchcraft causes abuse and torture against children and whether or not the measures undertaken by the Respondent State are in line with its obligation under Article 16. 74. Article 16 of the Charter prohibits ‘all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of a parent, legal guardian or school authority or any other person who has the care of the child’. From the submission of the Complainants and its investigation, the Committee notes that children accused of Witcraft are subject to killings, beating, detention, deprivation of food, abandonment and neglect by caregivers among others. Moreover, the Committee notes that in some instances children are subject to beating and physical abuse in the process of ‘delivery’ from the witchcraft spirit they are accused of by religious leaders. These incidents cause serious physical injuries and mental abuse on the children affected. It is, therefore, clear that the violence occurring against children accused of witchcraft falls under the definition of ‘torture, inhuman ad degrading treatment’ under Article 16. 75. The question at hand remains whether the Respondent State has undertaken measures in line with Article 16 of the Charter to protect the children from these violence and abuse. Article 16(2) provides more clarity on the steps that need to be undertaken by States to ensure the freedom of children from abuse and torture. It states that ‘Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting, referral, investigation, treatment, and follow-up of instances of child abuse and neglect.’ State Parties assume the main responsibility to investigate alleged violations that have come to their attention in various channels to ensure that children are protected from abuse and torture. 76. In further elaborating the obligation of States to ensure freedom from torture and abuse, the Committee underlines that the prohibition of torture and abuse against 22