DECISION OF THE COMMISSION ON THE MERITS
264. For the foregoing reasons, the Commission: -
(a) Finds that the Respondent State violated Articles 1, 3, 5, 7, 9(2), 11, 18(3) and 26 of the African Charter;
(b) Finds that the forced genital examination against the Victims was degrading inhuman and torturous, therefore, requests the Respondent State to desist and eradicate such practice of examinations;
(c) Urges that the Respondent State prosecute the perpetrators of the sexual violations against the Victims in Courts with Competent jurisdiction for such violations;
(d) Urges the Respondent State to reform the military prison procedures code to include strict guarantees for respecting the bodily integrity. and privacy rights of prisoners during searches, medical check-ups and during their detention, and for the civil prosecutor and civil courts to have exclusive jurisdiction to investigate and adjudicate allegations of violations by military personnel against civilians;
(e) Request the Respondent State to compensate each of the Victims in respect of the injuries they suffered from as a result of violations of their rights at the sum of 100,000 (one hundred thousand) Egyptian Pounds (at the present rate) as requested by the Complainant, for the physical and emotional damages/traumas they suffered; and
(f) Urges the Respondent State to report on the steps it has taken to implement these decisions under Rule 112 (2) of its 2010 Rules of Procedure, within one hundred and eighty (180) days.
Done in Banjul, The Gambia during the 75th Ordinary Session of the African Commission on Human and Peoples' Rights, 3rd to 23rd May 2023.
