victim. Having established the foundations, the Commission now turns to consider whether the Respondent State fulfilled this duty. 137. The Complainant submit that the Respondent State failed to conduct an effective investigation into allegations of conduct that amounted to cruel, inhumane and degrading treatment.57 The Complainants allege that the victim was sexually assaulted, burnt with cigarettes on her breasts, forced to commit sexual acts including bondage and dominance; had her hair pulled; was physically assaulted; forced to fight another woman while her rapists watched and forced to consume drugs and lose consciousness for hours. 58They submit that this treatment against the victim was physically and emotionally traumatic and amounts to cruel, inhuman and degrading treatment as prohibited in Article .5 of the Charter. 59 Moreover, and more specifically, the Complainants aver that the victim was subjected to T.I.P and the Respondent State did not exercise its duty to prevent, investigate, prosecute and punish the perpetrators. 60 ·: 138. The core of the Complainant's case is the failure of the Respondent State to conduct an effective investi'gation into the case of cruel, inhumane and degrading treatment, as well as T.I.P; The €omplainant' s indictment of the Respondent State's investigation is premised, on several issues. Firstly, the Complainants allege that the when the victim reported that she was a victim of T.I.P, the police in~errogated and threatened her with criminal sanctions. Secondly, despite noting that the victim was a Kenyan citizen, the police refused to take her to the Kenyan High Commission as she had requested. Thirdly, the Complainants raise issue with the fact that the laptop and cell phone that the victim had handed in as evidence of her T.I.P was surrendered to a person, she alleged to be one of the traffickers under the belief that he was the victim' s father. The fifth aspect the Complaina11;ts condemn is the premature closure of the investigation by the 14th of June 2018, on the basis of lack of evidence. The sixth isw .~- ,. e victim was booked as an illegal immigrant and detained at a pre~! e)5or'tl{n ~ · . Finally, the Complainants submit that the letter from th ./Pro ~utor enl :., 1 giving confirmation to the Police that there were gaps in ..."-' i: es: · · a prima fade case of T.I.P is further evidence of an ineffecti <t • •ilk sno~ ;Ji\ • ".J ('~ 01,.q...,_ q~ . "''C-A '~E}' 57 Complainanl's Submissions, para 17 ss Complainant's Submissions, para 8-11; 59 Complainant's Submissions, para 31-70 60 Complainant's Submissions, para 71-88 31 ....