37. With respect to Article 56(3) of the African Charter, which provides that
Communications shall be considered if they are not written in disparaging or
insulting language directed at the State concerned and its institutions or to the
Organization of African Unity, the Commission does not find any insulting or
disparaging language in the information submitted by the Complainants, and
accordingly the Commission finds that Article 56(3) of the Charter has been complied
with.
38. Regarding Article 56(4) of the African Charter, the Complainants submit that "the
complaint did not include the news media, but include the enforced disappearance of
the real victim, issues hyped to the victim, the victim of torture, violation of the right
of the victim as a prisoner and prevent him treatment until he almost dies in prison."
The Commission observes that this information provided does not disclose the source
of the information contained in the Communication. However, given that one of the
Complainants, Abdullah Ahmad Mohammad Al-Haddad, is the son of the Victim, 7
it is not unreasonable to conclude that this Complainant was the source of the
information in the Communication.
39. Accordingly, in the absence of information indicating that the Communication is
based exclusively on news disseminated through the mass media, the Commission
finds that the requirement of Article 56(4) has been met.
40. Article 56(5) requires that Communications be submitted after exhausting local
remedies, if any, unless it is obvious that this procedure is unduly prolonged.
41. In this regard, the Commission notes that it is a generally accepted principle in
international law that before an international body is approached, the applicant must
exhaust all available legal domestic remedies.f The Commission further notes that in
order to meet the exhaustion requirement, a victim must have obtained a final
decision from the highest court to which recourse is available."
42. In the present Communication, the Complainants submitted that the 'national means
to exhaust domestic remedies after the coup has become impossible,' and further that
'there is no opportunity for national justice in Egypt if the judiciary in Egypt has
collapsed by subduing itself to the military rulers' leading the country.
43. In this regard, the Commission takes note of the information provided in the
complaint that the trial against the victim concluded on 16 June 2015, with the victim
sentenced to life imprisonment; however, no information is provided on whether the
victim appealed the decision right up to the court with the highest jurisdiction.
Letter from the Complainant, 19 May 2016
54/91 - Malawi African Association v. Mauritania (2000) ACHPR, paI,a.~:1,~,:.·~~~:::->"
9 Communication Procedure, Information Sheet No.3, pg.6
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