207. Finally, the Complainants submit that the failure of the State to properly inquire into the treatment of the Victims at the hands of the police and prosecute the perpetrators also resulted in a violation of Article 5. The Commission’s Guidelines and Measures for the Prohibition of Torture, Inhuman and Degrading Treatment or Punishment in Africa (the Robben Island Guidelines) in Article 19 provides that “[i]nvestigations into all allegations of torture or ill-treatment, shall be conducted promptly, impartially and effectively.” As was noted above, the State submits that the police opened an official enquiry into the deaths, injuries and damage to public property and that the evidence was sent to the GPA, but that the investigation was eventually closed since they failed to identify the perpetrators. 208. It is a well-known maxim in law that where there is a right there must also be a remedy. As the Commission held in Communication 295/04 - Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi (represented by Zimbabwe Human Rights NGO Forum) v Zimbabwe, “Human rights law and the international law on State responsibility require that individuals should have an effective remedy when their rights are violated, and that the State must provide reparations for its own violations. States must ensure that victims' families are able to enforce their right to compensation through judicial remedies where necessary.” 60 Given the finding above in relation to the investigations into the killings, the Commission finds that the investigations into the other violations were also not sufficient or non-existent. Particularly, there is no evidence given of investigations in relation to the separation of the families. 209. For these reasons, the Commission finds that the State had violated its obligations in relation to Article 5 of the Charter. Analysis of Article 6 210. 60 Article 6 of the Charter reads: "Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained". Para 127. 57

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