:(~cHrQ·~<ACHPR ,. . orrrro '" African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 01. The Commission notes that after the submission of the arguments on the merits of the Communication by the Complainant, these were transmitted to the Respondent State. 02. The Commission notes, moreover, that the State party has not submitted its arguments on the merits of the Communication despite the Secretariat's invitations to do so. Accordingly, and in line with its practice, the Commission will decide on the sole basis of the evidence submitted by the Complainant. 03. Commission's Analysis on Merits On the Alleged Violation of Article 5 of the African Charter, Article 4(1) of the Maputo Protocol, Article 2 and 18(3) of the African Charter, Article 2 of the Maputo Protocol, Article 11 of the Maputo Protocol and Article 14 of the African Charter 04. The Commission recalls the rights guaranteed by the Articles referred to by the Complainant, respectively Article 5 of the African Charter on the prohibition of torture and all cruel, inhuman or degrading treatment or punishment, Article 4(1) of the Maputo Protocol on the right to personal integrity, Articles 2 and 18(3) of the African Charter and Article 2 of the Maputo Protocol on the prohibition of discrimination on the basis of gender, Article 11 of the Maputo Protocol on the obligation to protect women from gender-based violence in armed conflict and Article 14 of the African Charter on the right to property. 05. The Commission notes, in the light of the Complainant's submissions, that in its judgment of 17 November 2008, the Operational Military Tribunal (OMT) of North Kivu in the Respondent State not only recognized and admitted the rape and theft of the radio and the $120 in savings suffered by the Complainant, but also sentenced Sergeant Shombo Chance to life imprisonment with resignation from his duties in the army and restitution of the savings and the stolen radio. 06. The Commission also notes, in the light of the information in its possession, that the above-mentioned judgment has not been appealed against at the national level and that the decision has therefore become res judicata. 07. Noting that the violations of the rights guaranteed in the above-mentioned Articles that are the subject of this Communication have already been acknowledged by the Respondent State, which has begun to