The complainants filed suit on behalf of a 17-year-old girl who was violently attacked and raped by two men. Local police, who allegedly knew the attackers, witnessed the beginning of the attack but did not aid the victim. The complainants further alleged that the Kinshasa police knew that an organized gang had attacked the victim and other girls and the identities of the attackers, but refused to take action to dismantle the gang due to their limited financial resources. The Commission held that the Democratic Republic of the Congo (“DRC”) had violated several articles of the African Charter on Human and Peoples’ Rights (the “Charter”) due to the failure of (i) police to take action to prevent the rape and (ii) competent authorities to provide justice to the victim. The Commission requested the DRC (1) take measures to find and punish the attackers; (2) accord the victim adequate reparation as well as medical and psychological assistance; (3) take measures to prevent sexual violence and rape in the parts of its territory where these offenses are common; (4) take measures to change patterns of behavior linked to violence against women and girls, including sexual violence and rape; (5) establish rehabilitation programs for girls who are victims of sexual violence and rape; and (6) organize training sessions for law enforcement and judges on the treatment of sexual violence and rape, under conditions conforming to the pertinent dispositions of the Charter.
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