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Human and Peoples' Rights
Human Rights our
Collective Responsibility
197. These questions also suggest negative and gender stereotypes of women protesters,
which assign them a subservient position in society, devalue their role and voices, and
(when the message is absorbed by both women and society in general), contribute to
women adopting and being assigned a passive role in society.
198. To sum up, it is clear that the sexual assaults against the Victims which occurred on the
10th of March 2011 were acts of gender-based violence, perpetrated by state actors, that
went unpunished. For these reasons, based on the above analysis, the Airican
Commission finds the Respondent State in violation of Articles 2 and Article 18 (3) of
the African Charter.
Violation
of Article 5: Prohibition
of Torture
and Cruel, Inhuman
and Degrading
Treatment
199. Article 5 of the African Charter states that: "Every individual shall have the right to the
respect of the dignity inherent in a human being and to the recognition of his legal status; All
forms of exploitation and degradation of man particularly sla,very, slave trade, torture, cruel and
inhuman or degrading punishment and treatment shall be prohibited."
200. In the present communication, the Complainants submitted that the authorities violated
their right to dignity, firstly by engaging in acts amounting to cruet inhuman and
degrading treatment (ill-treatment) and torture; Secondly, by failing to adequately
investigate and prosecute those responsibly; and thirdly, by failing to provide redress
to the Complainants, as a separate violation of Article 5.169
201. The Commission is also called upon in the present Communication to spell out its
position on the relationship between Article 5 and sexual violence generally, i.e. sexual
violence and rape (and forced genital examinations or virginity tests specifically) as a
distinct form of torture.
202. In the first instance, in determining whether the alleged acts inflicted on the Victims
amounted to inhuman and degrading treatment (ill-treatment) in the scope of Article 5,
the Commission reiterates its holding in International Pen and Others v. Nigeria170 that
Article 5 of the African Charter prohibits not only torture but cruel, inhuman or
degrading treatment.
169See,Paragraph 87 of the Written Statement
170Communications
471 P ,1 g C
Africa!1'
Union
on Merit
137/94,139/94, 154/96 & 161/97
The African Commission
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