from funded repatriation. The Respondent States opines that given the
Complaint's experience working in human rights discipline, she had the
information requisite to devise her story at her disposal. The Respondent State
prays for the Commission to find that no violations of the Charter or Maputo
Protocol have occurred; that the Respondent State has at all times exercised its due
diligence obligations; that the Complainant has failed to adduce the requisite
evidence; that the Complainant has failed to justify her claim for reparations and
alternatively that the Commission defer its findings on reparation per Rule 121
and finally that she pursues civil claims in the Namibian Courts.
THE COMMISSION'S FINDINGS ON ALLEGED VIOLATIONS OF ARTICLE 5 OF
THE CHARTER AND 4(2)(G) OF THE MAPUTO PROTOCOL
The Commission's Analysis on the Merits
126.
Having considered the submissions of the Parties on the merits, the
Commission will analyse the arguments and evidence furnished by them.
Alleged violation of Article 5 of the Africa n Charter and Article 4(2)(g) of The M aputo Protocol
127.
The Complainant alleges violations of Articles 5 of the African Charter and
4(2)(g) of the Maputo Protocol. At the core of their Complaint is the alleged
violation of the victim's right to respect of her inherent human dignity and
freedom from cruel, inhuman and degrading treatment protected under Article 5
of the African Charter. Both Articles concern the prohibition of "All forms of
exploitation, cruel, inhuman or degrading punishment and treatment", however
Article 4 2(G) of the Maputo Protocol protections a r ~ ~- om a gendered
perspective, focusing on T.I.P as a particular form of O'Uel, inhu,z,n.ffi' r degrading
treatment. In vie_w_of this, the Cornrnissi~n will_ consider)he a~e.gation\ of Article
1285of ilieA:::~;'~;:::::,::~::::::i::~:e1::.2:t )o_'" ": . ' ) Protocol
0
Even; individual shall have the right to the respe < Jf¥rdl
1znherent in a
human being and to the recognition of his legal status.
1s of exploitation
28