× 172. Thus, in principle, any violation of rights recognized by the Convention carried out by an act of public
authority or by persons who use their position of authority is imputable to the State. However, this does not
define all the circumstances in which a State is obligated to prevent, investigate and punish human rights
violations, nor all the cases in which the State might be found responsible for an infringement of those
rights. An illegal act which violates human rights and which is initially not directly imputable to a State (for
example, because it is the act of a private person or because the person responsible has not been
identified) can lead to international responsibility of the State, not because of the act itself, but because of
the lack of due diligence to prevent the violation or to respond to it as required by the Convention.
34 See African Commission decision on Communication 155/96 - the Social and Economic Rights Action
Center and the Center for Economic and Social Rights/Nigeria.
35 Seventeen members of the Zimbabwe Cabinet are also members of the ZANU (PF) Politburo, the
decision making organ of the Party.
36 In human rights jurisprudence this standard was first articulated by a regional court, the Inter- American
Court of Human Rights, in looking at the obligations of the State of Honduras under the American
Convention on Human Rights - Velásquez-Rodríguez, ser. C.,No.4, 9 Hum. Rts.l.J. 212 (1988). The
standard of due diligence has been explicitly incorporated into United Nations standards, such as the
Declaration on the Elimination of Violence against Women which says that states should
'exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of
violence against women, whether those acts are perpetrated by the state or by private persons.'
Increasingly, UN mechanisms monitoring the implementation of human rights treaties, the UN independent
experts, and the Court systems at the national and regional level are using this concept of due diligence as
their measure of review, particularly for assessing the compliance of states with their obligations to protect
bodily integrity.
37 Series. C.,No.4, 9 Human . Rights .Law Journal. 212 (1988)
38 Velásquez Rodríguez case para 176
× 176. The State is obligated to investigate every situation involving a violation of the rights protected by
the Convention. If the State apparatus acts in such a way that the violation goes unpunished and the
victim's full enjoyment of such rights is not restored as soon as possible, the State has failed to comply with
its duty to ensure the free and full exercise of those rights to the persons within its jurisdiction. The same is
true when the State allows private persons or groups to act freely and with impunity to the detriment of the
rights recognized by the Convention.
.
39 Id. Para 174
× 174. The State has a legal duty to take reasonable steps to prevent human rights violations and to use
the means at its disposal to carry out a serious investigation of violations committed within its jurisdiction, to
identify those responsible, to impose the appropriate punishment and to ensure the victim adequate
compensation.
40 Id. Para 172
× 172. Thus, in principle, any violation of rights recognized by the Convention carried out by an act of public
authority or by persons who use their position of authority is imputable to the State. However, this does not
define all the circumstances in which a State is obligated to prevent, investigate and punish human rights
violations, nor all the cases in which the State might be found responsible for an infringement of those
rights. An illegal act which violates human rights and which is initially not directly imputable to a State (for
example, because it is the act of a private person or because the person responsible has not been
identified) can lead to international responsibility of the State, not because of the act itself, but because of
the lack of due diligence to prevent the violation or to respond to it as required by the Convention.
41 The Covenant on Civil and Political Rights (ICCPR), in its Article 2 (3a)
× Article 2
3. Each State Party to the present Covenant undertakes:
34