reasonable grounds to believe that acts of torture or ill-treatment are being
committed by non-State actors or private actors and fail to exercise due
diligence to prevent,
investigate, prosecute and punish such non-State
actors or private actors in accordance with the Convention, the State bears
responsibility and its officials must be held perpetrators, accomplices or
otherwise
responsible
under
the
Convention
for
consenting
to
or
condoning such impermissible acts. Since the failure of the State to exercise
due diligence to intervene and stop, sanction and provide remedies to
victims of torture facilitates and enables non-State actors to commit
impermissible acts under the Convention with impunity, the indifference or
inaction of the State provides a form of encouragement and/or de facto
permission.
The Committee has applied this principle to the failure of
States parties to prevent and protect victims of gender-based violence, such
as rape, domestic violence, female genital mutilation and trafficking.”
109.
In this case, following the case law cited above and the grounds of the
General Comment, doc. 3, the request for additional evidence, substantially
reinforces the Applicant’s allegations. The statement of Dr. Daniel Lavalie,
the doctor responsible for examining the Applicant, confirms that the
medical reports indicated a third degree vaginal prolapse secondary to
sexual assault, clear evidence of the seriousness of the violence suffered.
Furthermore, the statements in paragraph 63 show that all attempts to
retrieve the medical and police reports were unsuccessful, which raises
serious questions about the conduct of the Sierra Leonean authorities in
preserving key evidence for the case.
110.
The State of Sierra Leone’s failure to act is not limited to the lack of initial
protection for the Applicant, but extends to its failure to conduct an
effective investigation and to ensure an effective remedy. The failure to
preserve medical and police documents constitutes a violation of the State’s
28
eo)