261/02 : Interights et al / Egypt
Summary of Facts
1. The complaint is submitted by INTERIGHTS representing the Pan-African Movement (PAM), the
Legal Resources Consortium (LRC), the Legal Defence and [Assistance] Project (LEDAP) and
Recontre Africaine pour la Defense des Droits de l’Homme (RADDHO) wh[ich] filed the same on
behalf of Professor Saadeddin Mohammed Ibrahim, head of the Ibn Khaldun Centre for Development
Studies (IKC) and twenty-seven (27) other persons.
2. This complaint follows the trial and conviction by the Supreme Security Court of the Respondent
State in May 2001 of Professor Saadeddin Ibrahim, Director and Chair of the Board of Directors of the
Ibn Khaldun Center for Development Studies, who was also treasurer of Hay’at Da’am alNakhibat (Association for the Support of Women Voters, known in Egypt as ‘Hoda Association’),
together with twenty-seven (27) other persons. They were all working either as permanent employees
or project associates of the two organisations and ten (10) of them were tried in absentia.
3. The Complainants allege that the accused were charged with deliberately disseminating
information abroad about the internal situation in the Respondent State damaging its stature contrary
to Article 80(d) of the Penal Code, conspiring to bribe public officials to undermine the performance of
their duties contrary to Articles 40(2), 40(3) and 48 of the Penal Code, receiving donations from the
European Union (EU) without prior permission from the competent authorities contrary to Articles, 1(6)
and 2(1) of Military Order No. 4 of 1992, using deceptive methods to defraud the EU of funds made
available to the two organisations contrary to Article 336(1) of the Penal Code, and accepting and
offering bribes and of forgery of official documents contrary to Articles 103, 104, 107bis, 207, 211 and
214 of the Penal Code. They were convicted and sentenced to several terms of imprisonment ranging
from seven years with hard labour to one year suspended terms.
4. In the process of apprehending, trying and convicting the accused, the Complainants allege that
the Respondent State violated their pre-trial and trial rights, freedom of expression, rights to appeal,
and rights to effective domestic remedies.
Complaint
5. The Complainants allege violations of Articles 2, 3, 4, 5, 6, 7 (1), 9(2), 13(1), 16(1) and (2),
and 26 of the African Charter.
Procedure
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6. The complaint was dated 4 October 2002 and received at the Secretariat on 9 October 2002 by
mail.
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7. At its 32 Ordinary Session held from 17 to 23 October 2002 in Banjul, The Gambia, the African
Commission considered the complaint and decided to be seized thereof.
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8. On 4 November 2002, the Secretariat wrote to the Complainant and Respondent State to inform
them of this decision and requested them to forward their submissions on admissibility to the
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Secretariat before the 33 Ordinary Session of the African Commission.
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9. At its 33 Ordinary Session held from 15 to 29 May 2003 in Niamey, Niger, the African
Commission heard the Complainant’s oral submissions on the matter, during which the latter made an
explicit oral request to the African Commission to withdraw the communication. The Complainant also
stated it will send its written request for the same soon.
Holding
For the above-mentioned reason the African Commission ,
Takes note of the withdrawal of the communication by the Complainant and decides to close the file.
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Taken at the 33 Ordinary Session in Niamey, Niger May 2003.