Shelter. 73 There was a 4-day gap between when the statement was finally derived and when the victim came into the custody of the police. In a matter of T.I.P, such as this one, where everything was time sensitive, this appears to the Commission as an undue delay. It is further noted that the INTERPOL's National Central Bureau ( CB) in Windhoek having established that the victim was a Kenyan citizen and seeking to establish the facts relating to her alleged T.I.P, only reached out to the INTERPOL in Nairobi on the 27th of October 2017. 74 This was 15 days after the booking of the victim and 10 days after she gave her statement in which she indicated the names of the people whom she accused for her T.I.P. 151. The Commission has previously emphasised in its interpretation of Article 5 of the Charter that "Victims of torture and other ill-treatment should access and obtain redress promptly." 75 Moreover, it recalls the findings of the Court which wisely held that "Due diligence obliges the State concerned to act and react with the dispatch required to ensure the effectiveness of available remedies." 76 While the Commission commends the Police for visiting the Backpackers Guesthouse on the very day that the victim appeared at the police station, that was the last act of urgency in the conduct of that investigation. Subsequently, there was a lax approach to the establishment of the facts that were necessary to resolve the facts of the case, as required, to ensure redress for the victim. The Commission recalls the guidance of the UN Office of the High Commissioner for Human Rights that "Investigations need to be commenced without any delay, taking place within hours or, at the most, a few days after the suspicion of torture or ill-treatment has arisen, and to be conducted expeditiously throughout." 77 From the facts presented, the Commission finds an unjustifiable delay in the conduct of the investigation that encumbered the victim's access to justice. Effectiveness of investigation 152. The Complainants allege that the Respondent diligence by conducting an ineffective investigation. investigation must be thorough and include several steps, ,~ -~ """.i. 0~ ~t ~ Q ~,(1 '\I 41'1< l P,.\~'<. <''o.,,.. 73 Respondent State's submissions Annex 8 74 ,·• ' _,. 9~ Respondent State Submission Annex 26 Correspondence from the NCB Windhoek t ~ ~ ~ ~.c,irobi 75 General Comment 4, para 26, page 8 76 Zongo para 152 77 Instanbul Protocol, para 193 36

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