85.
Nor has the Applicant made any comparison between her case and that of
another person involved in the same or a similar situation of rape or victim
of sexual crimes, who has been treated differently by the Defendant to her
detriment,
so as to justify the allegation of discrimination, contrary to
Article 2 of the Charter, on any grounds.
86.
Consequently, the Court finds that the Applicant's allegation of a breach of
her right not to be
subjected
to discrimination
by the Defendant
is
unfounded and unproven.
c) On the alleged violation of the rights to dignity and the right not to be
subjected to cruel, inhuman or degrading treatment
87.
The Applicant alleges that due to the failure to effectively investigate and
prosecute the perpetrators of rape and other acts of violence against her,
the Defendant State became legally responsible for the violation of her
rights to dignity and the right not to be subjected to cruel, inhuman or
degrading treatment, guaranteed by Article 5 of the Charter and 4 of the
Maputo Protocol and 7 of the ICCPR.
88.
She adds that the sexual abuse she suffered constitutes torture, cruel,
inhuman and degrading treatment, since it consisted of so much pain and
physical and emotional suffering.
89.
That although the abuse cannot be directly attributed to the State, since it
was not carried out by a State agent, the state is nevertheless responsible
for the
inability
of its agents
to
offenders.
The Court’s Analysis
22
successfully
prosecute
and
punish