I. Submission of Communication
1. The Secretariat of the African Committee of Experts on the Rights and Welfare
of the Child (the Committee/ACERWC) received a communication dated 31
March 2016 pursuant to Article 44(1) of the African Charter on the Rights and
Welfare of the Child (the Charter/ACRWC). The Communication is submitted by
Ahmed Bassiouny represented by advocate Dalia Lotty and Amal, mother of the
child (hereinafter "the Complainants"). According to Section IX (2) (I) of the
Revised Guidelines on Consideration of Communications by the ACERWC (the
Revised Communications Guidelines), the Committee transmitted a copy of the
Communication to the respondent State Party.
II. Summary of Alleged Facts
2. Ahmed Bassiouny is an Egyptian citizen born on 16th April 1998 and resides in
AI Rami Area in Alexandria. At the time of his arrest, he was aged 15 and was
attending primary school at AI Rami School in Alexandria.
3. According to the Complainants, Ahmed was born with partial paralysis in his
right arm (known as Erg's palsy) and regularly attended physiotherapy and
occupational therapy sessions to improve his sensation and motor abilities. He
further suffers from very poor immune system, Favism and G6PD and poor
vision and wear spectacles at all times.
4. The complainants allege that on 1st January 2014, Ahmed was on his way to his
friend's house in Jankleez Area in Alexandria, to borrow some notes, when the
police forces threw tear gas on a protest nearby his friend's house; Ahmed
covered his face with his clothes and ran away from the tear gas; and fifteen
minutes later, after his arrival to his friend's house, the state security police
came to the building calling on the family to hand the child who just entered the
building. They allegedly threatened to break the door of his friend's flat if the
"the terrorist was not handed to them" as stated by the forces.
5. Upon entering the flat, the police allegedly grabbed Ahmed by his clothes,
slapped him on his face, breaking his glasses before covering his face with his
shirt while dragging him to the floor and pushing him to a police van. The
Complainants allege that Ahmed was being verbally and physically assaulted at
the time of arrest and continued during the journey to the police station.
6. Ahmed was allegedly then taken to Ramal 1 Police Station in a room with adult
criminals. The following day he allegedly faced prosecution and was accused of
killing a police officer and two aides, possessing Molotov and disturbing the
public peace. The lawyer attending the prosecution avers that he saw injuries to
the arms of the child. Furthermore, the child complained of being beaten at
different parts of his body, subjected to electricity in his paralyzed arm despite
informing the officers of his disability and cold water was poured on him to
confess to the killing the officer and the aides. His lawyer alleges that the child's
clothes were torn and smelt drugs and that he looked lethargic. His lawyer's
request of medical referral to the forensic doctor for examination was allegedly
denied.
2