that since the names of the three protestors were not mentioned in the original complaint, they had no right to object to the decision of the District Attorney. 101. The Complainants allege that to date, no attempts have been made by the Egyptian authorities to bring to account any of the law enforcement officials responsible for the human rights violations which occurred in the park, and that no investigation or independent inquiry into the events has been carried out and thus that the third part of the State responsibility under Article 4 was not complied with resulting in a violation of Article 4. Alleged violation of Article 5 102. Article 5 of the African Charter protects the right to human dignity and freedom from all forms of exploitation and degradation including torture and cruel, inhuman or degrading punishment or treatment. The Complainants argue that incommunicado detention can amount to inhuman and degrading treatment per se. They further aver that it is a well-established principle of international human rights law that when a person is injured under the control of security forces, that there is a strong presumption that the person was subjected to torture or ill-treatment, with the result that the burden shifts to the Respondent State to prove that the allegations of torture are unfounded. 103. The Complainants further argue that, to comply with the prohibition on torture, there must be investigations into the allegations of torture, the torturer must be punished, and the Victims must have access to effective remedies. They further aver that “whatever supposed safeguards against torture and inhuman treatment apply in theory in Egyptian law they have not been applied in this case.” They therefore argue that the absence of any proper inquiry into the treatment of the Victims at the hands of the police and the absence of any attempt to prosecute the perpetrators amounted to a violation of Article 5. 104. The Complainants argue that the way in which all the Victims and the wife and son of the First Victim were treated in the park and in detention afterwards, and the level of force used by the police to break up the protest and force protestors onto the buses amounted to a violation of Article 5 since the Victims were assaulted, sprayed with high pressure streams of water, separated from family members and dispersed, verbally abused (in the case of the Fourth and Sixth Victims) then dragged and herded onto buses. They allege that the 25