enable training of relevant personnel and enhance awareness among the public on relevant regional and international standards. Such reform shall also entail comprehensive and transparent vetting processes that expel persons deemed responsible for undertaking torture and other ill-treatment from the ranks of security services and associated State offices. XI: Non-state actors 72. Non-State actors are individuals, organisations, institutions and other bodies acting outside the State and its organs. Non-State actors through their behaviour, actions or policies can impact the enjoyment of human rights and can therefore occasion a violation of Article 5 of the African Charter. 73. Article 1 of the African Charter requires State Parties to uphold the positive obligation to diligently prevent, investigate, prosecute and punish non-State actors who commit acts of torture and other illtreatment and to redress the harm suffered. This also extends to acts by non-State actors at the instigation, consent and acquiescence of the State. 74. This General Comment notes that the jurisdiction of the African Court of Justice and Human and Peoples’ Rights provides for corporate criminal liability for crimes against humanity including torture and other ill-treatment when deemed to be part of a widespread or systematic attack against any civilian population. 75. In line with State Parties’ obligations under Article 7 of the African Charter, the option of private prosecution for acts of torture and other ill-treatment by non-State actors should be availed and sufficiently facilitated by the State when utilised by a victim, including by addressing practical challenges to private prosecution such as prohibitive costs or the impossibility in practice to access all relevant evidence. State Parties shall ensure that legislation providing for a reparation framework and in particular the sources of funds for reparation contains provisions that allow for orders, fines, forfeiture, freezing and seizure of property belonging to nonState actors deemed responsible for acts of torture and other ill- 22

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