p.CHPIi (~ f) 6~,tjE~fi ffirrrr5"-, Human and Peoples' Rigl1ts Human Rights our Collective Responsibility 4. The Complainant submits that, in relation to this case, the courts of the Respondent State have established that Sergeant Chance, a soldier in the State's armed forces, raped her on 29 October 2008, and that the State is responsible for his actions. 5. The Complainant states that in view of the above, this rape unequivocally constituted an act of torture, automatically meeting the corresponding gravity threshold, and having inherent purposes of intimidation, discrimination, humiliation and degradation. Alleged Violation of the Right to Personal Integrity under Article 4(1) of the Maputo Protocol 6. The Complainant asserts that her rape constitutes a violation of her right to personal integrity, guaranteed by Article 4(1) of the Maputo Protocol which states that "Even) woman has the right to respect for her life, physical integrit)l and security of person. All forms of exploitation, punishment and inhuman or degrading treatment shall be prohibited". 7. The Complainant further indicates that, as discussed above in relation to the violation of Article 5 of the African Charter, the rape of an individual is an extremely serious and paradigmatic violation of their physical and psychological integrity-? . Indeed, it is such a serious violation of physical integrity that it is considered a form of torture. Therefore, it concludes that there has been a violation of Article 4(1) of the Maputo Protocol in the present case. Alleged Violation Constituting Gender Discrimination under Article 2 and 18(3) of the African Charter and Article 2 of the Maputo Protocol 8. The Complainant begins by recalling the provisions of Articles 2 and 18(3) of the African Charter and 2 of the Maputo Protocol, which provide respectively that "Every person shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter without distinction of any kind, such as ... sex". " The State shall have the duty to ensure the elimination of all discrimination against women and the protection of the rights of women and the child as provided for in international declarations and conventions" and "States (parties) shall combat discrimination against women in all its forms by adopting appropriate legislative, institutional and other measures". 9. The Complainant states that in developing jurisprudence on the above Articles, the Commission relies on a considerable body of treaties, declarations, case law and other sources that recognize gender-based An Organ of the AfriGan"' ';jJ Union ;,;",J~