agents undertaken in its official capacity and for their omissions, even when those agents act outside the sphere of their authority or violate internal law.Uf to protect, promote, and fulfil, the Complainants, citing the International Commission of Jurists, Military Jurisdiction and International Law, submitted that the State needs not only to refrain from directly violating the concerned rights but also to take appropriate positive steps to ensure a positive framework to 205. As to the obligations prevent and address violations. They noted that t e significant component of such obligation is the State's duty to investigate hum > " violations and prosecute the perpetrator(s), demanding The Complainants prompt, thorough, i also submitted, ependent along with the Robben Island Guidelines, that State Parties are under the obligation~9 ensure tli -to ~hich and fully independent mechanisms torture and ill-treatment.U? 1~;'~~ .~, 206. Associating all, 'perso hei , allegations • ji:_.' of '<~, .., that " breached its duty to give effect protection against the !;t,' 207. The Commission remains ' . violation " of readily accessible with the facts, thEt <;::Olpplaina:Q.tssubmitted , investigations. rights &uaranteed '~'" Respondent • ,'«.' in the'·Charter. State sufficient d agiH)1SJthe Complainants.F? in tJ'hL~~q[auiara v. The Gambia,121 that a ..ineans a violation of Article 1, " of any provision hence, if a State Party to the the provisions of the same, there is Commission on the Merits sons, the African Commi#sion finds that the Respondent State has breached no doubt that it violates this Article. " Decision', . 208. For' the all . ions of'Articles I, 2; 3" 4, 5, 6, 7, 8, 16, and 18 of the African Charter. ~ : ,esp9ndent 1. p:r~vi ' State to take all necessary 'effectiVei "remedies, namely, measures restitution, to ensure that it compensation, policy refor ns, public apology, and legal reforms; ii. recomrri .t.; •..d restitution to the Complainants for their original situation before the violations of the African Charter occurred. Ibid, para 170 Ibid, Article 19. 120 See, Paragraph 223 of the Complainants written Submission on Merits.~ 121 Comm. Nos. 147/95 and 149/96, para 46 ; ~ 118 119 ..~l \ . • ....... 'I (l ,,~~ S. '~'-"'<\' . '. f>_lJ' 1\ "'[< Ie "I" \ '" '~I c I,uly 1\ ~ 0"',11' ['10'2" ''-.,. ,:- . 46

Sélectionner le paragraphe cible3