ACHPR , African Commission on "__'~AV' 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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