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P.CHPIl ~t) 6.~JjssEB Human and Peoples' Rights Human Rights our Collective Responsibility was bound by her hands and legs, sprayed with water, and electrocuted with a Taser (an electroshock weapon). She was not notified of any charges against her.! 6. The Complainants describe in detail various forms of abuse and humiliating treatment, to which Samira Ibrahim Mahmoud was subjected during the period of her detention, including forced searches; being ordered to undress completely in a room open to the view of male soldiers who verbally abused her and took pictures of her, using cell phones; electrocution, and being forced by a military doctor to undress, lie on her back, lift her legs, and the doctor using his hands to examine her genitals for purposes of determining her virginity. She was also forced by the military doctor to sign a prepared statement stating that she was unmarried, that she was a virgin and that her hymen was intact. No explanation was given for the forced genital examination. 7. It is alleged that on the evening of 10 March, Samira Ibrahim Mahmoud and other detainees were brought before the prosecutor in a small hallway before the prison where charges, consisting of destroying cars, attempted assault on military officers while performing duty, manufacturing weapons and Molotov cocktails, etc. were read to her. She was then taken to a larger room within the prison where she faced a judge and where two lawyers assigned by the military were present but did not speak during the hearing.s 8. It is alleged that All 17 female detainees including Mahmoud were sentenced to one year of suspended sentences before being released on 11 March 2011. During the hearing, it is contended that she was not allowed to plead her case by prison guards who prevented her from speaking and forced her away from the judge. 9. Regarding the case of Rasha Ali Abdel-Rahman, it is alleged that she was arrested. by a soldier on 9 March ~011, and taken to the Egyptian museum where along with, other female detainees, was subjected to swearwords, electrocution and beating by soldiers. Abdel-Rahman alleged to have been assaulted by a military policeman in the toilet, and subjected to forced genital examination in a hallway, between two open rooms open to the view of many soldiers and officers.3 See, Facts in Paragraph 3 to 23 based on based on written and recorded testimonies of the A of investigation from the military prosecutor, as well as decisions by the Administrative C Court of Justice. See Annexes 1-20 1 2 Captured in Paragraph 19 of the Complainant Submission on Merit 3 Captured in Paragraph 8 21Pagc Afncanr :; Union v Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 0504 Email: au-banjul@africa-union.org htlps:/achpr.au.InVO 0 D

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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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