163.
The Complainants have also submitted that when the victim reported that
she was a victim of T.I.P, the police instead interrogated, threatened her with
criminal sanctions and subsequently detained her. They allege that the police
accused the Victim of lying about her immigration status.
164.
It is worth noting that in paragraph 5 of the Respondent State's
Submissions, as well as in the sworn statement of Mr. Ndidalelwa, one of the
police officers on the case, there is reference to the victim wearing a sleeveless top
and her not having any visible scars or injury marks. 93 It is possible to conclude
from this that the police had profiled the victim and made their own adverse
inferences from the way that she was dressed. The Commission also takes the view
that tl1is profiling had the effect of tainting the investigation, as the police had
already concluded that the victim was falsifying her allegation. Moreover, their
demeanour is almost tantamount to a denial of victim status. In the General
Comment No. 4, the Commission stated that:
State Parties are required to protect the dignihJ of victims at all times and ensure
that victims are at the centre of the redress process. A victim-centred approach to
redress requires an analysis and full understanding of the harm suffered and of the
victims' wishes. It needs to reflect their experiences and realities, so that the
provided redress is responsive to their needs.94
165.
The manner in which the victim is described in the Respondent State's
submissions and in the evidence of Mr. Ndidalelwa increases the plausibility of
the allegation that she was intimidated and threatened. It is also synonymous with
the Commission's analysis on investigations that encumber redress for women
who are victims of sexual violence in violation of Article 5 of the Charter. In
General Comment 4, the Commission opined that:
Stigma, feelings of guilt or shame, fear of retribution, and the unavailabilihJ of
support or lack of information about available s191~
-P ent victims from
coming fonvard. Further, injuries, both physieal and psy_cholo l, may be less
obvious than those caused by other forms of violenc 5
I
., "
1. l
":.
w f ;;
~
~
Jl.\l uP-
/'~;n:1~~,~
-~
93 Respondent State Su bmissions, Annex 7, Sworn Statement of Mr. Joshua Ndidalelwa
94 General Comment No. 4 para 18, page 6
95General Com ment 4, para 60
40
f
r.,'o,i.C