children is an absolute non-derogable right which has attained the status of customary international law.46 The obligation of States in such cases is not limited to showing efforts but rather taking all the necessary measures to reinforce the prohibition of torture as well as ensuring that the measures are effective in preventing torture and abuse.47 The Committee Against Torture clearly outlined that a State's failure to intervene against torture by stopping it, sanctioning the perpetrators, and providing remedies to victims enables non-state actors to act with impunity, which amounts to de facto permission making the State accountable.48 77. In the present case, the Committee notes that there is ongoing violation of the absolute right of children to be free from torture and abuse. Several media reports have documented the ongoing violations due to witchcraft accusation and in various occasions the Respondent State has been informed of these events including but not limited to police reports, and treaty body recommendations. Moreover, the finding of the Commission of Inquiry in Akwa Ibom State in 2011 confirms that children accused of witchcraft accusation are subjected to long fasting and other physical methods of cleansing, ingestion of anointing oil and concoctions prepared for cleansing by some church leaders, instillation of substances into eyes of suspected children and other crude methods which are claimed to be revealed to the leaders spiritually.49 The report shows that some Pentecostal Churches and the Nigerian Movie industry played a crucial role in to the then state of child witchcraft accusation, stigmatization, and child abuse.50 78. Despite this, the Respondent State’s submission and clarification during the factfinding mission argues that sufficient measures have been taken by alluding to the measures undertaken only in Akwa Ibom State. Moreover, the measures are the setting up of the commission of inquiry due to the incidents reported in 2010, and the prosecution of three cases out of which only one concerns a child. Considering the ongoing and widespread nature of the alleged violation, the prosecution of only one case and the setting up of the commission of inquiry in 2010 do not sufficiently respond to the violence children are currently being subjected to due to witchcraft accusation. The efforts of the Respondent State have to be proportional to the violence that is taking place which is widespread in other States are well. The denial of the Respondent State about the current status of cases of violence despite several reports depicts failure to investigate by exercising due diligence. Moreover, it shows that the response of the Respondent States has not met the threshold of preventing torture as an obligation as accusation of witchcraft and torture as a result still persist. The Committee reiterates the obligation of States under the Charter is that of result i.e States are accountable even if they undertake 46 UN Convention Against Torture (UNCAT), Article 2(2); International Criminal Tribunal for the Former Yugoslavia (ICTY), Prosecutor v Furundžija case (1998), para 155-157. 47 UN Committee Against Torture, General Comment on Article 2 of UNCAT, para 2. 48 As above, para 18. 49 The Government of Akwa Ibom State of Nigeria, Report of Commission of Inquiry on witchcraft accusation and child rights abuses, June 2011, page 45, 51. 50 As above, page 45-46. 23