ACHPR
, African Commission on
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Human and Peoples' Rights
Human Rights our
Collective Responsibility
107. As to the question that the Respondent State's failure to provide redress to the
Complainants also constitutes a separate violation of Article 5, the Complainants
submitted that it is a must obligation. The Complainants armed their position by citing
the Commission's recognition of a right to an effective remedy and violations of the
Charter, including Article 5, in the Gabriel Shumba v Zimbabuies? Egyptian Initiative for
Personal Rights and Interights v EgtJpt;90 Curtis Francis Doebbler v Sudan;91 Malawi African
Association and others v Mauritania.92
108. In the same understanding, the Complainants also cited the Commission's Resolution on
the Right to Recourse and Fair Trial,93 the Commission's Principles and Guidelines on the Right
to a Fair Trial and Legal Assistance in Africa' (Fair Trial Principles), and the Guidelines and
Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading
Treatment or Punishment in Africa (Robben Island Guidelines) and submitted along their
provisions that person whose rights or freedoms are violated is entitled to have an
effective rernedy.w
109. The Complainant submitted that this right entails that an individual whose rights have
been violated can bring his or her claim before a competent judicial body that has
jurisdiction and powers to afford adequate reparation for the harm suffered and
adjudicates on the claim within a reasonable period. The Complainants submitted
further that States must ensure that women Complainants can file criminal complaints
and to obtain redress for the proper investigation of the violence suffered, to obtain
restitution or reparation and to prevent further violence; 95 and that States must ensure
that all Complainants of torture and their dependents are offered appropriate medical
care, have access to appropriate social and medical rehabilitation and are provided with
appropriate levels of compensation and support.w
89
Communication 288/04
90
Communication 334/06 (cited above)
91
Communication 236/00
92
Communications 54/91-61/91-96/93-264/97-296/97-210/98
93
Adopted in its Eleventh Ordinary Session, in Tunis Tunisia, from 2 to 9 March 1992
94
See, Paragraph 150 and 150 of the Complainant Submission on Merit
251 P age
AfrICan
Union
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