Communication 341/07 - Equality Now vEthiopia Woineshet Zebene Negash suffered at the hand of private individuals constitutes violations of her rights guaranteed under its Constitution and international human rights instruments including the Charter to which it is a party. 112. The Respondent State does not also deny that the investigating police officers and the zonal prosecutor failed to diligently investigate the acts, properly identify the perpetrators, prosecute them, and secure their punishment as part of the remedies for the criminal violations Ms Negash suffered. Indeed the Respondent State confirms the failure of its agents by stating that it disciplined the prosecutor and removed the judge who discharged the convicts for their respective misconduct. It also provided personal remedies to the victim in the form of a job and a house in accordance with a settlement agreement reached with Ethiopian Women Lawyers Association. It would appear that by highlighting these measures, the Respondent State seeks to be absolved from international responsibility on the ground that it has remedied the violations. 113. In the circumstances, it is necessary to establish the nature and extent of the Respondent State's responsibility and whether the measures it has taken absolve it from responsibility. 114. In that regard, aconvenient starting point is Article 1of the Charter which obligates State Parties to recognise and give effect to the rights, freedoms and duties guaranteed under the Charter. The twin obligations to recognise and give effect to the rights and freedoms under the Charter generate at least four duties on the part of the State: the duties to respect, protect, promote and fulfil the rights and freedoms under the Charter.7 These duties are concomitant to all the rights and freedoms under the Charter. In other words, the State is obligated to recognise and give effect to the rights and freedoms by respecting, protecting, promoting, and fulfilling them at the domestic level. Accordingly, a State incurs international responsibility if it fails to meet the demands of these duties. 115. In the present Communication, the primary violations were committed by private citizens who twice abducted the victim and one of them raped her and forced her to sign a purported marriage contract while she was kept captive. These acts constitute violations of a range of rights guaranteed under the Charter. Article 6 of the Charter provides for two separate but inextricably linked rights: the right to liberty, and the right to security of the person. At the core of the right to liberty is the guarantee that no one should be deprived of their freedom to go or not to go anywhere as they will, so long as it lies in their power and means to do so. Although the freedom reserved to the person is open, it is not absolute. It can be Communication 155/96. Social and Economic Rights Action Centre and the Centrefor Economic and Social Ri v Nigeria (SERAC Case) (2000) ACHPR para. 44

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