Alleged Violation of Article 1 of the African Charter 192.Article 1 of the African Charter provides that: 'The member states of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them'. 193.The Complainant submits that in addition to a failure to respect the rights outlined in the present Communication, the Respondent State also failed in its positive obligation under Article 1 to exercise due diligence and effectively prevent and respond to violations of the rights enshrined in African Charter; the Respondent State failed to put in place adequate legislative framework to protect individuals within its jurisdiction from arbitrary detention, torture, and other ill-treatment by the NISS or to ensure the right to fair trial or the availability of effective remedies and sanctions in the event of a breach; and the Respondent State also failed to investigate allegations of wrongdoing by its agents and took no measures to ensure the availability of an effective remedy for the Victim. 194.The African Commission remains guided by its decision in Sir Dawda Jawara v. The Gambia,136 that a violation of any provision of the African Charter automatically means a violation of Article 1, hence, if a State Party to the Africa Charter fails to recognise the provisions of the same, there is no doubt that it violates this Article 1of the African Charter. 195.ln light of the foregoing and having found that the Respondent State in the present Communication violated Articles 4, 5, 6 and 7, 12(1) and 12(2) and 16 of the African Charter, the African Commission finds that the Respondent State has also violated Article 1 of the African Charter. IV. Decision of the African Commission on the Merits 196.For these reasons , the African Commission: i. finds that the Respondent State is in violation of Articles 1, 4, 5, 6, 7(1)(c) and (d), 12(1) and (2) and 16 of the African Charter; ii. recommends that the Respondent State should: a) assess and pay the appropriate compensation to the Vic~J~~11~s the moral and material damages and harm suffered by the_Vt~l1fnt,i1/ th{:!0 amount of which shall be determined through the dom~'t101)[u~::tt-Ure; 1 b) conduct prompt and impartial investigations into',:'"t he allegatio s"' u ~ including the arrest, detention, and torture and ill treatr¥ien of tie \picti ~ ~ and bring the perpetrators to justice; \ 9-. .e-u-v.e,. i "' ,..t. -:~. S,O 136 Comm. Nos. 147/95 and 149/96, para 46 . ••' ", 4• !-(\(.,►-'' l1 10 <./',i",;J r.c-s} ~ r.•~ 40