masculinity and virility, regardless of their origin.”
(in accordance with
Part 2 of these Guidelines) (See point 7).
106.
And
regarding
the State’s
obligation to guarantee
access to justice,
investigation and prosecution of the perpetrators of sexual violence, was
stated the following: States should take measures to ensure access to
justice for all victims of sexual violence, including in rural areas. States
must ensure that investigations into acts of sexual violence and the
prosecution of perpetrators are carried out:
- without undue delay;
- independently, impartially and effectively;
- in a way
that leads
to the
identification
and
conviction
of the
perpetrators.” (See 9. 1.9. 1).
107.
In the same vein, this Court wrote in the case of DOROTHY CHIOMA
NJEMANZE & 3 ORS v. FEDERAL REPUBLIC OF NIGERIA, Judgment
No. ECW/CCJ/TUD/08/17
pg. 42-43 that “International law imposes a
duty on States to investigate alleged infringements of the rights of their
citizens, especially when formal complaints are lodged. In addition to any
other acts or omissions imputed to the State or its officials, the failure to
investigate
such
allegations
constitutes,
in
itself,
a
international law.” (See also in the same vein WING
violation
of
COMMANDER
DANLADI ANGULU KWASU v. FEDERAL REPUBLIC OF NIGERIA,
Judgment No. ECW/CCJ/JUD/04/17 pg. 28).
108.
In
the
same
vein,
and
General
citing
Comment
No.
2
UN
DOC
CAT/C/GC/2 of January 24, 2008, the sane judgment stressed that: “The
Committee has made it clear that when State authorities or others acting
in an official capacity or under the appearance
of law know
27
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or have