have requested as compensation. Specifically, the Commission notes the
reference (in paragraph 340 above) to the consistency of the reparations amount
requested in this case with awards by Egyptian domestic courts in cases of
torture and unlawful detention., citing as an example, a 2012 Cairo Court of
Appeal fine of the Ministry of Interior in the sum of one (1) million Egyptian
Pounds (approximately USD 140, 000) for torturing a woman for eight days.
350. The Commission agrees with the Complainants that it is necessary to consider
the nature of the violations suffered by the Victim, the prolonged duration of the
violations, as well as the regional and international norms and practices relating
to payment of compensatory damages for similar violations.
351. With regards to the Complainants’ request for acknowledgment, publication
and apology, the Commission notes that one of the elements of satisfaction is an
acknowledgment of the facts and acceptance of responsibility, as well as a public
apology.145
352. The Commission also agrees with the Complainants that legislative as well as
other preventive measures are required as guarantees of non-repetition.
353. The Commission finds that the Complainants have submitted sufficient
evidence to support their requests on reparations, and therefore declines to grant
the request for oral hearing.
354. The Commission is guided by its analysis on reparations in making the below
determination and requests.
Decision of the Commission on the Merits and Reparations
355. In light of the foregoing, the African Commission on Human and Peoples’
Rights:
I.
Finds the Respondent State in violation of Articles 1, 5, 6, 7 (1) (a), 7(1) (b), 7 (1)
(c), 7 (1) (d), 8, 16, 18 (1), and 26 of the African Charter;
II.
Requests the Respondent State to take all necessary measures to put in place
preventive safeguards to avoid the recurrence of similar violations, and
ensure that Emergency Law No. 162 of 1958, Articles 126 and 129 of the Egyptian
Penal Code, and the Egyptian Criminal Procedure Code, and all other relevant
laws and practices are brought into conformity with the African Charter,
UNCAT, the Robben Island Guidelines, the Principles and Guidelines on the
Right to Fair Trial, the Luanda Guidelines, and General Comment No. 4 on
the Right to Redress for Victims of Torture and other Ill-treatment in Africa;
III.
Requests the Respondent State to acknowledge the violations suffered by the
Victim, accept responsibility, and issue a public apology;
IV.
Requests the Respondent State to pay adequate compensation to the Victim in
the amount of 1 million Egyptian Pounds (approximately USD 140, 000 at the
145
Guidelines on the Right to Remedy and Reparation, para 22 (a).
58