jurisdiction, the Supreme Military Court of Appeals, the highest military court of appeal
similarly upheld the death penalty verdict.
78. The Commission finds that based on the facts as submitted by the Complainant that the
Court of Cassation
and
the Supreme
Military
Court are
the highest Courts
and
their
decisions cannot be appealed, the Victims do not have a further right to appeal the death
sentences. The Complainant provides evidence of two other judicial avenues that some
of
the
Victims
pursued,
first,
bringing
a
request
for
review
based
on
procedural
irregularities, which it stated would not succeed based on the new law on the finality of
decisions
of
the
Court
of
Cassation,
and
second
bringing
a
separate
case
before
the
Attorney General based on the alleged torture and forced disappearances, which has not
been investigated. The Commission is of the view that the domestic remedies have been
exhausted. The Commission thus finds that the requirements under-Article 56 (5) have
been met.
79. In
relation
to
the
reasonable
time
period
requirement
Complainant refers to the lack of specific time l imi ts
the
six-months'
Human
Rights.
time
limit
provided
The
Complainant
in
the
states
the
56
Article
the
(6)
ecified in the African Charter and
European and
that
under
American
Complaint
was
Conventions
submitted
on
on
17
November 2017, whereas the dates for the final sentencing of the cases were as follows:
(a) Alexandria Protest Killing on 24 April 2017; (b) Police Guard Murder on 7 June 2017;
(c) Kafr Al Sheikh Bombing on 19 June 2017; (d) Rabaa Dispersal on 3 July 2017; and (e)
the
Qatar
Espionage
case
on
16
September
2017.
Therefore,
the
timeline
between
exhaustion of local remedies and the submission of the Complaint before the Commission
ranges from about seven months to two months. The Commission is of the view that this
is
a reasona
le
period
and
that the Complainant has
complied
with
the
requirement
under Article 56 (6).
80. TI1e Complainant indicates that in compliance with Article 56 (7), the Respondent State
has
not
settled
the
case,
and
that
the
case
has
not
been
submitted
to
any
other
international human rights body. The Commission thus finds that the requirement under
Article 56 (7) has been complied with.
81. For the reasons set out above, the Commission finds that Article 56 (2), (3), (4), (5), (6) and
(7) have been met, but that the Complainant has failed to meet the criteria for Article 56
(1).
Decision of the African Commission on Admissibility
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