Communication 734/19: J (Represented by the Initiative for Strategic Litigation in Africa (ISLA) & Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)) v. Namibia

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Decision of the Commission on Merits

For these reasons, the Commission decides:

A.    That the Respondent State has violated Articles 2, 5 and 18(3) of the Charter as well as 2 and 4(2)(g) of the Maputo Protocol;

B.    That the Respondent State should expeditiously investigate, prosecute and punish the victim’s perpetrators;

C.    That the Respondent State’s Courts of law hear arguments on and decide on the amount of financial compensation to be awarded to the victim for the violations found in the present Communication;

D.    That the Respondent State adopt Legislative and other measures to address the problem of trafficking in person, especially of women and children for sexual exploitation into its territory;

E.    That the Respondent State abide by its obligations to adopt legislative and other measures to protect women from gender-based violence through investigation, prosecution and punishment of their perpetrators;

F.    That the Respondent State report on the steps it has taken to implement these decisions in accordance with Rule 112 (2) of its Rules of Procedure, within one-hundred and eighty (180) days.

Done in Banjul, The Gambia, during the 78th  Ordinary Session held from 23 February to 8 March 2024.