× The second obligation of the States Parties is to " ensure " the free and full exercise of the rights recognized by the Convention to every person subject to its jurisdiction. This obligation implies the duty of the States Parties to organize the governmental apparatus and, in general, all the structures through which public power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights. As a consequence of this obligation, the States must prevent, investigate and punish any violation of the rights recognized by the Convention and, moreover, if possible attempt to restore the right violated and provide compensation as warranted for damages resulting from the violation. ; and Godinez Cruz Case, Ser. C, No.5 (20th January 1999) at para. 175 × The second obligation of the States Parties is to "ensure" the free and full exercise of the rights recognized by the Convention to every person subject to its jurisdiction. This obligation implies the duty of States Parties to organize the governmental apparatus and, in general, all the structures through which public power is exercised, so that they are capable of juridically ensuring the free and full enjoyment of human rights. As a consequence of this obligation, the States must prevent, investigate and punish any violation of the rights recognized by the Convention and, moreover, if possible attempt to restore the right violated and provide compensation as warranted for damages resulting from the violation. . 8 Loayza Tamayo Case, Preliminary Objections, Ser. C, No. 25 (31st January 1996) at para. 40 × The Court wishes to stress that it has established criteria that must be taken into consideration in this case. Indeed, the generally accepted principles of international law, to which the rule of exhaustion of domestic remedies refers, indicate, first, that this a rule that may be waived, either expressly or by implication, by the State having the right to invoke it, as this Court has already recognized (see Viviana Gallardo et al. [Judgment of November 13, 1981], No. G 101/81. Series A, para. 26). Second, the objection asserting non-exhaustion of domestic remedies, to be timely, must be made at an early stage of the proceedings by the State entitled to make it, lest a waiver of the requirement be presumed. Third, the State claiming non-exhaustion has an obligation to prove that domestic remedies remain to be exhausted and that they are effective (Velásquez Rodríguez Case, Preliminary Objections, Judgment of June 26, 1987. Series C No. 1, para. 88; Fairén Garbi and Solís Corrales Case, Judgment of June 26, 1987. Series C No. 2, para. 87; Godínez Cruz Case, Preliminary Objections, Judgment of June 26, 1987. Series C No. 3, para. 90; Gangaram Panday Case, Preliminary Objections, Judgment of December 4, 1991. Series C No. 12, para. 38; Neira Alegría et al., Preliminary Objections, Judgment of December 11, 1991. Series C No. 13, para. 30 and Castillo Páez Case, Preliminary Objections, Judgment of January 30, 1996. Series C No. 24, para. 40). 9 Article 37(3) of the Regulations adopted in OAS Doc. OAE.Ser.L.V/II.82 doc. 6, rev.1 at 103 (1992). 10 Famara Kone v. Senegal , Comm. No. 386/1989, views adopted 21st October 1994, at para 5.3. 11 See Akdivar v. Turkey at para. 68. 12 Ibid. 13 Ibid. 14 Commission nationale des droits de l'Homme at des libertés vs. Chad, comm. No. 74/92. Ninth Annual Activity Report (1996) at paras. 1-6. 15 see Sudan Case at para. 37. 16 Doebbler, C.F. and Suleiman, G., "Human Rights in Sudan in the Wake of the New Constitution." 6(1) Human Rights Brief 1,2 (1998). 17 see Ibrahim Yusif Habani et al v. Government of Sudan, Case No. MD/GD/1/2000 (unreported, 8th March 2000), cited and discussed in Bantekas, I. and Abu-Sabeib, H., "Reconciliation of Islamic Law with Constitutionalism: The Protection of Human Rights in Sudan's New Constitution." 12 RADIC 531 (2000). 18 Amal Aba al-Ajab v. Government of Sudan, Case No. MD/GD/8/99, Judgment of 10th August 1999 (unreported). 19 Abdelraham, et al, v. Sudan, Case No. 7/98 of 13th August 1998. 20 International Human Rights Watch and the Lawyers Committee for Human Rights. These include UN Doc. E/CN.4/1999/38/Add1 (17th May 1999) at para.34 × An independent and impartial judiciary is a prerequisite for respect for the rule of law and protection of individual rights against abuse of power on the part of the executive or legislative branches of government. Article 101 (1) provides that "judges are independent in the performance of their duties and have full judicial competence with respect to their functions; and they shall not be influenced in their judgments". However, the Constitution also assigns pervasive powers to the President, who, with the consent of the National Assembly can appoint members of the Constitutional Court, the Chief Justice and his deputies, as well as 16