suffered. The Complainants also submit that having failed to acknowledge the violations and failing to initiate investigations based on the Victim’s complaints, the State failed to provide the Victim with redress. 329. Article 1 of the Charter requires State Parties to recognise the rights, duties and freedoms enshrined in the Charter and undertake to adopt legislative or other measures to give effect to them. 330. In considering the alleged violation of Article 1, the Commission notes its decision in Jawara v The Gambia where it held that “Article 1 gives the Charter the legally binding character always attributed to international treaties of this sort. Therefore a violation of any provision of the Charter automatically means a violation of Article 1.”129 The Commission similarly held that if a State Party fails to respect, protect, promote or fulfill any of the rights guaranteed in the Charter, this constitutes a violation of Article 1 of African Charter.130 331. The Commission also notes its decision in Abdel Hadi and others v. Sudan, in which it held that the Respondent State violated Article 1 of the Charter, because it failed to: protect the victims from torture and other ill-treatment, respect their right to liberty and fair trial, investigate the allegations of wrongdoings by its agents, take measures to afford adequate remedy to the victims, and put in place adequate legislative framework to protect the physical integrity of individuals within its jurisdiction.131 332. In line with the above reasoning, the Commission finds the Respondent State in violation of Article 1 of the African Charter. Reparations 333. The Complainants request that in addition to finding the Respondent State in violation of the Victim’s rights under the Charter, the State should acknowledge the violations and publish an apology, provide compensation and rehabilitation, investigate the violations through an independent commission of inquiry, and introduce legislative reforms and torture safeguards to prevent future violations. 334. The Complainants request the Commission to allow for a hearing on reparation because of the nature of the violations over an extended period, the systemic flaws in Egypt’s legal structure, the fact that the Commission has previously found the State in violation of the Charter in a similar case, and because those deficiencies continue to date. Adequate Compensation and Rehabilitation 335. The Complainants submit that the Respondent State should pay adequate compensation in the amount of no less than one (1) million Egyptian Pounds at the time of filing (approximately USD 140, 000). The Complainants submit that Jawara v. The Gambia (n 3 above), para 46. Abdel Hadi and Others v. Sudan (n 32 above), para 92. 131 As above. 129 130 54

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