protesters were taken into unexplained and indefinite detention, where they
were kept incommunicado, deprived of access to their families or a lawyer,
were roughly treated and deprived of medical attention.
105.
The Complainants argue that while in the park the Victims were not free to
move away without the consent of the armed police officers, and were
therefore under the control of the Respondent State’s agents, both while
surrounded by police officers in the park and afterwards while in detention.
Thus, the Complainants submit that the burden is on the Respondent State to
show that the physical harm and mental anguish suffered by the Victims were
not the responsibility of the agents of the State, and aver that the State has failed
to do so.
106.
The Complainants submit that (a) the delay in releasing the bodies of the
Victims, including the wife and son of the First Victim; (b) being denied access
to the bodies of his loved ones, which caused the First Victim acute
psychological suffering; and (c) being unable to provide them with appropriate
burial in accordance with his culture and traditions, amounted to inhuman and
degrading treatment and lack of respect for the dignity of the First Victim and
a violation of Article 5.
Alleged violation of Article 6
107.
As regards the right to personal liberty and security of the person guaranteed
under Article 6 of the African Charter, the Complainants aver that the random
arrest and arbitrary detention of Victims in police training camps and prisons
in and around Cairo, with no specific reasons given for the detention, being
unable to contact their families and being denied information about their
whereabouts and not having access to lawyers or a court to determine the
lawfulness of their detention, amounted to a violation of Article 6.
Alleged violation of Article 11
108.
Article 11 of the African Charter protects the right to assemble freely with
others, subject to necessary restrictions provided for by law for a legitimate
purpose. The Complainants submit that the protestors were exercising this
right by way of peaceful sit-in in the square, and that the onus is on the
Respondent State to prove that interference with this assembly was justified.
26