Decision on Strike Out of the African Commission on Human and Peoples' Rights
Communication 621/16: Mr. Fadel El-Mawala Hosny Ahemad (Represented by
Justice for Human Rights (JHR), and Aman Organization) v. The Arab Republic of
Egypt
Summary of the Communication
1. On 16 April 2016, the Secretariat of the African Commission on Human and
Peoples' Rights (the Secretariat), received a Complaint from the Organization of
European Alliance for Human Rights (AED), Justice for Human Rights (JHR), and
Aman Organization (the Complainants), on behalf of Mr. Fadel El-Mawala Hosny
Ahemad (the Victim), against the Arab Republic of Egypt (the Respondent State).
2. The Complainants allege that on 15 August 2013, the Victim was arrested by
police forces and the army from his work place, "Association of Engineers Club,"
in Alexandria. They add that since the date of the Victim's arrest, he has been
detained in Burg Al Arab prison in Alexandria.
3. The Complainants allege that the fabricated charges against the Victim by the
authorities included"that he and others took part in a demonstration composed
of more than five people," "made public peace at risk with the use of force,
violence, couples with the crime a felony murders of seven people," and
"membership in the Muslim Brotherhood."
4. The Complainants add that these alleged accusations against the Victim by the
authorities resulted in case No. 27868 of 2014, Criminal El-Montaza of Alexandria,
whereby the trial was conducted in violation of international human rights
standards. They further alleged that as a result of this mock trial against the
Victim, his case was referred to the"Grand Mufti to issue his opinion on the death
sentence on an innocent person."
5. The Complainants further add that" the court will issue a ruling confirming the death
sentence hearing on June 05 2016 because it disclosed its conviction "death sentence"
when it referred the case to the Mufti."
6. The Complainants submit that as a result of the death sentence passed against the
Victim, the authorities have sought to "eliminate inherent people in Egypt."
7. The Complainants allege that those responsible for the alleged violations of the
African Charter are"the authorities of the State of Egypt after the coup d'etat: being: (i)
the current President - President Abdou[ Fattah el-Sisi; (ii) the Minister.•¢JlnJ��i.Q,:; (iii)
the Minister of Defence - Sidqie Subhie; and (vi) the Minister of Justiee'.;• ; st 2Rt ;-::�\�
8. Regarding the need to exhaust domestic remedies, the Comrl•\p¥nt.sf,i:;p -� �
since the revolution of 25 January 2011 and military coup in\�gyJ,t, tb_e -,fh _st�o;11t
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of domestic remedies has become impossible, following the\ \oµ.'k_
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