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( ~~f<'ACH PR .s ~ o.U)u:t:.. African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 110. The Complainants also cited the UN Committee Against Torture in its General Comment No 3 on States' obligations under Article 14 of the UN Convention against Torture (the right to redress) and submitted that in addition to the procedural obligations under Article 14, State parties to the Convention must ensure that Complainants of torture or ill-treatment obtain full and effective redress and reparation, including compensation and the means for as full rehabilitation as possible." 111. Specifically, concerning the right of Complainants to a remedy of sexual violence and reparation thereof, the complainant submitted citing the African Commission, Resolution on the Right to a Remedy and Reparation for Women and Girls Victims of Sexual Violence '98 which calls on states to put in place efficient and accessible reparation programmes that ensure information, rehabilitation and compensation for Complainants of sexual violence; and ensure that Complainants of sexual violence have access to medical assistance and psychological .support, 112. Finally, the Complainants stated that they could not be able to pursue their complaints effectively, and could not claim adequate reparation, restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetitional- for the violations they have suffered. Besides the lack of effective investigations as outlined above, the Complainants furthermore did not obtain any other form of reparation, including compensation for the material and moral harm suffered, rehabilitation, or guarantees of non-repetition. 113. The Complainants, therefore, submit that the Respondent State's failure to provide adequate redress, including an effective remedy and adequate reparation, constituted a separate violation of Article 5. On Alleged violations of Article 26 114. The Complainants submitted that the Egyptian military justice system does not satisfy the criteria of independence, impartiality and appropriateness to give effect to the rights guaranteed by the Charter, especially so in cases, which involve allegations of gross violations of human rights by military personnel, which is a violation of this article of the charter. 97 Cited in paragraph 152 of the Complainant's 98 Adopted 2007 261 P age ".fI~tJl.,. African!_."\ Unfon\'!r) submission on Merit during the 42nd Ordinary Session held in Brazzaville, Republic of Congo, from 15-28 November

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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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