the investigative process should be separated from the allegations related to Article 7(1) (a) and 26 of the African Charter. This is because even though lack of impartiality of the investigations amount to a violation of the Victims' right to effective remedies, it cannot be classified as a violation of the Victims' rights under Articles 7(1)(a) and 26 of the African Charter which form the basis of this analysis. 235. The above notwithstanding, the second arm of Article 26 of the African Charter also provides that, States should "allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter". It reads front this provision that "The establishment of national institutions" translate to establishing courts to protect individuals from abuse from the State. However, it could also be interpreted to mean establishing institutions which also have the mandate to create mechanisms for protection. Essentially therefore, the Respondent State has a duty to provide the structures and mechanisms necessary for the exercise of the right to fair trial. 236. This obligation is alluded to, by the Principles of the African Commission in its Principles.93 The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power94 also provides that judicial and administrative mechanisms should be established and strengthened where necessary to enable victims to obtain redress..."95 237. The Complainants submit that sexual violations and physical assaults are most effectively dealt with by the criminal process and that the State has an obligation to ensure that there is an efficient criminal law remedy available for vulnerable individuals subjected to violations of a physical and sexual nature. The Respondent State's submissions are only in respect of the reasons why the perpetrators could not be prosecuted, it does not provide any information about mechanisms that were put in place after the incidences to afford protection and redress to the Victims, and even to prevent future occurrences of such violations. 238. Based on the above, the African Commission concludes that there is a violation of Article 26 of the African Charter by the Respondent State. However, there is no violation of Article 7(1) (a) of the African Charter for the mere reason that the Victims had an opportunity to appeal their claims in the Appeal Chamber. Alleged violation of Article 9(2)- Right to Freedom of Expression and Opinion 239. The Complainants submit that there is a violation of Article 9(2) of the African Charter. 240. Article 9(2) of the African Charter provides that; "Every individual shall have a right to express and disseminate his opinions within the law." 241. The Complainants argue that during the events on 25 May 2005, as journalists, the Victims were only attempting to assert their political opinions and to disseminate these views within the country. They submit that the Victims were prevented from exercising their profession and in the process, assaulted and sexually violated contrary to the protection afforded them under Article 9(2) of the African Charter. 242. The Respondent State did not dispute the Complainants allegations under Article 9(2) of the African Charter. This notwithstanding, based on the evidence before it, the African Commission will still proceed to determine whether this right has been violated by the Respondent State. 243. Freedom of expression under Article 9, read together with Article 27(2),Article 27(2) provides that "The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest." of the African Charter is the cornerstone of a democratic country, and any violation of the right to freedom of expression impacts on the full realization of other rights and freedoms enshrined in the African Charter and other international instruments. 244. The right to freedom of expression has also been recognized as a fundamental human right under other international human rights instruments, such as the UDHR,97 and the ICCPR.98 At the Regional level, the African Charter on Democracy, Elections and Good Governance99 provides in its Article 27(8) that, "In order to advance political, economic and social governance, State Parties shall commit themselves to promoting freedom of expression, in particular freedom of the press and fostering a professional media." 245. The Declaration of Principles on Freedom of Expression in Africa (the Declaration)100 which supplements the provisions of Article 9 of the African Charter underscores respect for freedom of expression by providing that "No one shall be subject to arbitrary interference with his or her freedom of expression,"101 and "Any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary and in a democratic society."102 246. The notion of freedom of expression and its link with political participation was expressed by the 22