Communication 396/11 – Mohammed Abderrahim El Sharkawi (represented by
EIPR and OSJI) v. the Republic of Egypt
Summary of the Complaint:
1. The Secretariat of the African Commission on Human and Peoples’ Rights (the
Secretariat) received a Complaint on 4 March 2011 from the Egyptian Initiative
for Personal Rights (EIPR) and Open Society Justice Initiative (OSJI) (the
Complainants) on behalf of Mr Mohammed Abderrahim El Sharkawi (the Victim)
against the Arab Republic of Egypt (the Respondent State). 1
2. The Complainants allege that the Victim, a Pakistani National of Egyptian origin,
was detained by the Respondent State without charge or trial from 26 May 1995
to 17 March 2011.
3. The Complainants state that on 29 July 1994, Pakistani officials arrested and
detained the Victim for approximately ten months before transferring him to the
Respondent State on 26 May 1995. On 13 November 1996, the Public Prosecutor’s
Office in the Respondent State ordered the Victim’s release, but the order was
ignored by the Ministry of Interior, which placed the Victim in administrative
detention under Law No. 162 of 1958 (the Emergency Law). The Complainants
explain that since 1981, the Respondent State has been under a continuous state
of emergency, and Article 3 (1) of the Emergency Law allows for the arrest and
administrative detention of any individual who is deemed to be ‘dangerous to
public security and order’. They add that government officials have the
discretion to decide which individuals could be arrested and detained under the
Emergency Law.
4. The Complainants aver that, while in detention, the Victim made numerous
applications for his release before the Emergency State Security Courts
(Emergency Courts), which are the only domestic courts with jurisdiction to
oversee detention under the Emergency Law. They state that the Victim had
obtained at least 15 court orders for his release, all of which were ignored by the
Ministry of Interior. They allege that the Ministry of Interior immediately issued
a new detention order, effectively ignoring the courts’ rulings.
5. The Complainants argue that the Victim’s treatment by the Respondent State is
consistent with a pattern and practice of indefinitely detaining individuals
without charge or trial under the Emergency Law and of widespread torture of
those detained.
6. The Complainants submit that while in detention, the Victim was transferred to
various prisons, including El Aqrab, Damanhour, Fayoum, Wadi Natroun, Liman
Tora, Istiqbal Tora and Abu Za’abal, where he was subjected to torture, denied
adequate medical treatment and imprisoned under harsh conditions.
7. The Complainants aver that the Victim’s case was reported by the United
Nations (UN) Working Group on Arbitrary Detention in 2007 as arbitrary
detention in contravention of Article 9 of the International Covenant on Civil and
Political Rights (ICCPR), and as such, the Working Group requested the
1
Egypt ratified the African Charter on Human and Peoples’ Rights (the African Charter or Charter)
on 20 March 1984.
1