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State found guilty of torture, arbitrary detention and denial of fair‑trial rights; ordered investigation, reparations and safeguards.
* Admissibility – exhaustion of local remedies – practical unavailability due to severe injury, fear and financial incapacity.
* Torture and ill‑treatment – Article 5 – acts meeting UNCAT/Commission threshold (physical and psychological torture).
* Arbitrary arrest and detention – Article 6 – prolonged incommunicado detention without charge or prompt judicial review.
* Fair trial rights – Article 7 – right of access to counsel, habeas corpus and prompt appearance before judicial authority.
* State obligations – Article 1 – duty to investigate, prosecute, provide reparations and prevent repetition; remedies ordered (investigation, prosecution, compensation, apology, safeguards, training).
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8 March 2024 |
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Respondent failed due diligence: ineffective investigation, unlawful detention, and discriminatory treatment of a trafficking victim.
• Human rights – Trafficking in persons – State due‑diligence to prevent, investigate and prosecute private perpetrators – effective investigation standards.
• Cruel, inhuman or degrading treatment – Article 5 African Charter – sexual violence and trafficking.
• Discrimination – Articles 2 and 18(3) African Charter and Article 2 Maputo Protocol – substantive equality and multiple discrimination (sex, age, nationality).
• Admissibility – Article 56 exhaustion exception where domestic remedies ineffective; timeliness and victim capacity considerations.
• Remedies – obligation to investigate/prosecute, legislative reform, reparations and domestic quantum determination.
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8 March 2024 |