The African Commission’s Analysis on the Merits 157. In this Communication, the African Commission is called upon to determine whether the arrest, pre-trial detention, trial and sentencing of the Victims by the Respondent State following their alleged involvement in a bomb attack on 6 October 2004, in the Taba and Noueiba‟ resorts of the Sinai Peninsula which led to the death of 34 and the injury of 105 Egyptian, Israeli and other foreigners, violates the victims rights guaranteed under Articles 4, 5, 7(1) (a) (c) and 26 of the African Charter as alleged by the Complainants. The summary of the rights allegedly violated by the Respondent State are viz:  The torture of the Victims while in State custody, including electrical shocks, beatings, hanging from their hands and legs and prolonged sensory deprivation violates the prohibition of torture and cruel, inhuman or degrading treatment enshrined in Article 5 of the Charter;  The denial of essential safeguards necessary to give effect to that prohibition, such as access to counsel, courts and medical personnel, and the use in court of evidence obtained through torture, themselves amount to a violation of Article 5 of the Charter;  The character, procedures and conduct of the Office of the State Security Prosecutor and of the Supreme State Security Emergency Court violate the Victims‟ rights to due process under Article 7(1) of the Charter and the State‟s obligations to ensure the independence of the courts under Article 26;  The denial of fair trial rights and the imposition of the death penalty which would constitute a breach of the right to life, as protected by Article 4 and 5 of the Charter. 158. The Commission will accordingly proceed to analyze each of the Articles of the Charter alleged to have been violated by the Respondent State Alleged Violation of Article 5 46

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