investigate all allegations of human rights violations, ensuring that victims
have access to effective remedies.
68.
The Court finds, in the light of the evidence presented, that the State of
Sierra Leone failed in its duty to ensure an effective remedy for the
Applicant, not only by failing to properly investigate the crime committed
against her, but also by failing to ensure the preservation of the medical
and police evidence essential to support her complaint.
69.
Accordingly, the Court concludes that there has been a violation of the
Applicant's right to an effective remedy and access to justice, in breach of
Article 7(1)(a) of the ACHPR and Article 2(3) of the ICCPR.
b)
The alleged violation of the right not to be subjected to discrimination
based on gender
70.
In support of her argument, the Applicant alleges that the sexual violence
she
suffered
qualifies
as
gender-based
violence
and
gender-based
discrimination.
71.
That even though the gender-based violence she suffered was perpetrated
by anon-state actor, the State is responsible for failing to take due diligence
to prevent the violation, by not taking the necessary measures to provide
reparation to the victim.
The Court’s Analysis
72.
It follows from Article 2 of the Charter that:
“All persons are equal before the law and are entitled without any
discrimination to the equal protection of the law. In this respect, the law
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