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D. ,,/:SHP.~,. I~ ~, : ,t." 'i;n::t.('f.l.) ~ ACHPR Af'ncan Comrmssron ., on Human and Peoples' Rights Human Rights our Collective Responsibility forms of rape are either acceptable or not as significant as the narrowly defined form of rape. On Alleged violation of Article 5 82. The Complainants submitted that the authorities violated their right to dignity, firstly by engaging in acts amounting to cruel, inhuman and degrading treatment (illtreatment) and torture; Secondly, by failing to adequately investigate and prosecute those responsibly and thirdly, by failing to provide redress to the Complainants, as a separate violation of Article 5. 83. Substantiating these, the Complainants armed their position following the Commission decisions in Sudan Human Rights Organisation& Centre on Housing Rights and Evictions (COHRE) v. Sudanr'; Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l=Homme and RADDHO, Collectif des veuves et ayantsDroit, Association mauritanienne des droits de i=Homme v Mauritania,40Egyptian Initiative for Personal Rights & Interights v Egypt;41 Institute for Human Rights and Development in Africa (on behalfofSierra Leonean refugees in Guinea) v Guinea,42which recognized that the acts of rape, and the failure to prevent and respond to its orchestration by a State, amount to a violation of A~ticle 5 of the Charter.P 84. The Complainants called upon the Commission in the present case to spell out its position on the relationship between Article 5 and sexual violence generally, i.e. sexual violence and rape (and forced genital examinations or virginity tests specifically) as a distinct form of torture.ss 85. To support their argument, the Complainants cited the report of the UN Special Rapporteur on Contemporary Forms of Slavery, Systematic rape, sexual slavery and slavery- 39 Communication Nos. 279/03-296/05,2009, para.157 40 Communication Nos. 54/91, 61/91, 96/93, 98/93, 164/97, 196/97, 210/98, para.118; 41 Communication 323/06, paras.201-202 42 Communication No. 249/02 43 See, Paragraph 87 of the complainant Sumission on Merit 44See,Para88 ibid 181 P age ,'.f~'f.~ African(,\ Union\.!i The African Commiss 31 Bijilo Annex

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Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for Personal Rights and Interights) v. The Arabic Republic of Egypt

ACHPR Decision

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Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Equality
Equality Before the Law
Freedom of Expression / Digital Rights
Sexual and Gender Based Violence
Sexual Offences
Torture and Ill Treatment
Women's Rights

Case Head Notes: The complainants were arrested after they participated in a sit-in protest. Along with other detainees they were then transported to a military prison where they were subjected to beatings, abuse, electrocution, forced genital examination, and other forms of humiliating treatment. The Commission found a violation of Article 2, and cited the sexual nature of the violations against the complainants, noting that the victims were exclusively women, and that the violations were perpetrated on the women because of their gender. Specifically, they stated that the "virginity test", can only be directed at women, and stated that the accusations of prostitution, and other verbal slurs further demonstrated gender-based discrimination. Consequently, the Commission also found a violation of 18(3) because the violence was gender-specific and discriminatory. The Commission also found a violation of Article 5, and stated that the genital examination the Complainants were subjected to amounted to torture, and that the virginity testing was humiliating, degrading and torturous treatment. The Commission also affirmed that sexual violence and rape are a distinct form of torture. The Commission found a violation of Article 26 because the Egyptian military courts, where the complainants were tried, did not satisfy the requirements of impartiality and independence. The Commission found a violation of Article 3 because they observed that the Complainants were treated differently than people who were tried at a civilian court, and therefore they did not benefit from the equal protection of the law. The Commission found violations of Articles 9 and 11, stating that a reasonable inference would suggest that the authorities measures (arrest, detention, and subsequent ill-treatment), were designed to punish, intimidate and discourage the victims from exercising their freedom of expression and assembly. The Commission states that these measures were unnecessary to preserve national security, and disproportionate, and, therefore, a violation of Articles 9 and 11. On account of the existence of other violations of the African Charter, the Commission also found that Article 1 had been violated. The Commission urged the Respondent State to prosecute the perpetrators of the sexual violations, to reform the military prison procedures, and to ensure that the civil courts have exclusive jurisdiction to investigate and adjudicate allegations of violations by military personnel against civilians. They also requested the state to financially compensate the victims and urged the state to report on the measures taken to implement the decision.

Country

Egypt

Outcome: Decided on Merits

Year Decided: May 23, 2023

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 11: Right to Freedom of Assembly
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 11: Right to Freedom of Assembly
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Duration of Procedure

Sep 11, 2012 ~ May 23, 2023

Country Geolocation

Latitude: 26.820553

Longitude: 30.802498

Country Geolocation (linked ACHPR Decision): Egypt

Primary Documents

Samira Ibrahim Mahmoud and Rasha Ali.pdf
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African Human Rights CLA 2.0

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Communication 424/12 - Samira Ibrahim Mohamed Mahmoud and Rasha Ali Abdel-Rahman (Represented by the Egyptian Initiative for Personal Rights and Interights) v. The Arabic Republic of Egypt

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