D. ,,/:SHP.~,. I~ ~, : ,t." 'i;n::t.('f.l.) ~ ACHPR Af'ncan Comrmssron ., on Human and Peoples' Rights Human Rights our Collective Responsibility forms of rape are either acceptable or not as significant as the narrowly defined form of rape. On Alleged violation of Article 5 82. The Complainants submitted that the authorities violated their right to dignity, firstly by engaging in acts amounting to cruel, inhuman and degrading treatment (illtreatment) and torture; Secondly, by failing to adequately investigate and prosecute those responsibly and thirdly, by failing to provide redress to the Complainants, as a separate violation of Article 5. 83. Substantiating these, the Complainants armed their position following the Commission decisions in Sudan Human Rights Organisation& Centre on Housing Rights and Evictions (COHRE) v. Sudanr'; Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l=Homme and RADDHO, Collectif des veuves et ayantsDroit, Association mauritanienne des droits de i=Homme v Mauritania,40Egyptian Initiative for Personal Rights & Interights v Egypt;41 Institute for Human Rights and Development in Africa (on behalfofSierra Leonean refugees in Guinea) v Guinea,42which recognized that the acts of rape, and the failure to prevent and respond to its orchestration by a State, amount to a violation of A~ticle 5 of the Charter.P 84. The Complainants called upon the Commission in the present case to spell out its position on the relationship between Article 5 and sexual violence generally, i.e. sexual violence and rape (and forced genital examinations or virginity tests specifically) as a distinct form of torture.ss 85. To support their argument, the Complainants cited the report of the UN Special Rapporteur on Contemporary Forms of Slavery, Systematic rape, sexual slavery and slavery- 39 Communication Nos. 279/03-296/05,2009, para.157 40 Communication Nos. 54/91, 61/91, 96/93, 98/93, 164/97, 196/97, 210/98, para.118; 41 Communication 323/06, paras.201-202 42 Communication No. 249/02 43 See, Paragraph 87 of the complainant Sumission on Merit 44See,Para88 ibid 181 P age ,'.f~'f.~ African(,\ Union\.!i The African Commiss 31 Bijilo Annex