enable training of relevant personnel and enhance awareness
among the public on relevant regional and international standards.
Such reform shall also entail comprehensive and transparent vetting
processes that expel persons deemed responsible for undertaking
torture and other ill-treatment from the ranks of security services
and associated State offices.
XI: Non-state actors
72. Non-State actors are individuals, organisations, institutions and
other bodies acting outside the State and its organs. Non-State
actors through their behaviour, actions or policies can impact the
enjoyment of human rights and can therefore occasion a violation
of Article 5 of the African Charter.
73. Article 1 of the African Charter requires State Parties to uphold the
positive obligation to diligently prevent, investigate, prosecute and
punish non-State actors who commit acts of torture and other illtreatment and to redress the harm suffered. This also extends to acts
by non-State actors at the instigation, consent and acquiescence of
the State.
74. This General Comment notes that the jurisdiction of the African Court
of Justice and Human and Peoples’ Rights provides for corporate
criminal liability for crimes against humanity including torture and
other ill-treatment when deemed to be part of a widespread or
systematic attack against any civilian population.
75. In line with State Parties’ obligations under Article 7 of the African
Charter, the option of private prosecution for acts of torture and
other ill-treatment by non-State actors should be availed and
sufficiently facilitated by the State when utilised by a victim,
including by addressing practical challenges to private prosecution
such as prohibitive costs or the impossibility in practice to access
all relevant evidence. State Parties shall ensure that legislation
providing for a reparation framework and in particular the sources
of funds for reparation contains provisions that allow for orders,
fines, forfeiture, freezing and seizure of property belonging to nonState actors deemed responsible for acts of torture and other ill-
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