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p..CHPR (1 ~) 6~!jE~J1 Human Rights our Human and Peoples' Hiqhts Collective Responsibility State has acceded to the Convention against Torture.P' it has formally accepted the Convention and is therefore bound by it. 221. The Commission notes that the Respondent State is also a party to the ICCPR,l85whose Article 7 provides that, "No one shall be subjected to torture or cruel, inhuman or degrading treatment or punishment." The Commission notes that the Victims in the present Communication were not only subjected to ill-treatment but intimidated in several ways. 222. The Respondent State, therefore, owed an obligation to the Victims to effectively investigate the acts of ill-treatment that impacted their dignity and punish the perpetrators accordingly. Failing to do so only amounted to an infriiigement of the rights of the Victims under Article 5 of the African Charter and other international instruments that the Respondent State is a party to and is unfair. 223. From the foregoing, the African Commission concludes a violation of Article 5 of the African Charter by the Respondent State because tn,e acts committed amounted to inhuman treatment and investigations were not conducted. Violation of Article 26: The Duty to Guarantee the Independence of the Courts (Judiciary) 224. Article 26 of the Charter provides that State Parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appfopriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter." II 225. The Commission notes that the guarantee of the independence of the Court or Judiciary is one of the strongholds of the right to a fair trial protected in Article 7 of the African Charter. In particular, the Commission consider that the adoption of Principles and Guidelines on the Right to Fair Trail and Legal Assistance in Africa (the Principles of Fair Trial)186support the assurance of this right. And to give effect to the provisions of Article 26, the Commission positions that States are under the obligation (i) to establish the judiciaries and (ii) to ensure their independence. 184 The Respondent State Acceded to the Convention on 25 June 1986 185 The Respondent State Egypt ratified the ICCPR on 14 January 1982 . 521 P age African Union • https;/achpr.au.lnVO 0 a

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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

Primary Documents

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