(.:CH"f). ACHPR
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African Commission on
Human and Peoples' Rights
Human Rigllts our
Collective Hesponsibility
In the present case, the Complainant submits that although Sergeant Chance was convicted by the
OMT, she had not, up to the date of submission of her Complaint, received any assurance that the
convicted perpetrator would serve the sentence, i.e., life imprisonment and resignation from the army.
She indicates that this situation motivates her claim to the execution of the sentence pronounced against
Sergeant Chance by the OMT judgment.
51,
52. Considering on the one hand that international law recommends the prosecution of the perpetrator
of the human rights violation, recalling the Commission's General Comment No.4, which states that the
obligation of satisfaction includes "the right to the truth, (...) an official statement or court order restoring
the dignity, reputation and rights of the victim and those closely linked to him or her; judicial and
administrative sanctions against those responsible for the violations; a public apology, including
acknowledgement of the facts and acceptance of responsibility (...)", and recalling further that in the case
of S.L. v . Bulgaria, the Committee on the Elimination of Discrimination against Women observed that
failure to investigate, prosecute or punish perpetrators, coupled with failure to provide redress to
victims and survivors, constitutes a tacit authorization or encouragement to perpetrate gender-based
violence, as such failure is detrimental to society and, in particular, to women and children'", the
Commission recognizes that the prosecution of Sergeant Chance and the effective execution of his
sentence is one of the essential conditions for the reparation of the harm suffered.
53.
Accordingly, the Commission finds that the Complainant's request for the execution of the sentence
by Sergeant Chance is legitimate, which would also be a reaffirmation of the effectiveness of human
rights protection in the State Party.
On the Establishment of Legislative and Institutional Measures for the Enforcement of Judicial
Decisions and Guarantees of Non-Repetition of Violations
The guarantees of non-repetition established both by the BasicPrinciples and Guidelines on the Right
to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law and by the Commission's General Comment No.
4 provide that "States Parties must take measures to combat impunity for violations committed. These measures
54.
include (I) establishing effective and clear instructions to public officials, including law enforcement officials, (...),
(VI) reviewing and revising laws, (...), promoting compliance with international standards and codes of conduct
by public officials, including law enforcement officials, (...). The above-mentioned General Comment states
that the objective of guarantees of non-repetition is to eliminate the structural causes of violence in
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JURISPRUDENCE NOTE 2019, Overview of the juris
An Organ oi lhe
AfriGana~U
Union
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