been denied access to justice for the serious human rights violations which they
had suffered.
Respondent State’s Submission on Admissibility
64.
In its submission on Admissibility, the Respondent State urges the African
Commission to strike out the Communication as it has not complied with
Article 56 (5) of the African Charter.
65.
The Respondent State avers that the Egyptian legal system grants the Victim
the right to seek judicial remedy and to receive compensation for the harm
he/she suffered. It states that the prosecutor had decided to drop charges due
to the inability of identifying who the perpetrators where. The State argues that
the Victims have the opportunity to reopen the investigation where there is
new evidence or information. It states that it is clear that the Victims did not
demand any compensation from the Egyptian judiciary and therefore, the
submitted Communication is unacceptable because the local remedies were
not exhausted according to Article 56 (5) of the African Charter.
66.
The Respondent State argues that the Egyptian General Prosecution Authority
is a part of the judicial structure of the state and its members enjoy immunity
and independence similar to judges. The Respondent argues that the General
Prosecution Authority is the entity that was assigned to investigate and
prosecute in the instant case. The Respondent State avers further that it is the
authority that conducted the investigations and which later dropped the
charges of premeditated murder and use of brutality due to lack of the
elements of the crime as required by law. It avers that the investigations could
not identify a person or persons who committed the crimes of unintentional
murder and injury, premeditated vandalizing of properties of the Sudanese
protestors or others. Such conclusion, it argues, led to the decision to suspend
any criminal prosecution because the perpetrators are not identified but that
the police had been instructed to continue investigations to identify the
perpetrators.
67.
The Respondent State argues that the investigations of the General Prosecution
Authority concluded that the crimes of unintentional murder and injury,
resisting the authorities, premeditated vandalizing of properties were
15