state their religion as one of the three ‘revealed’ religions. They appealed through the
Egyptian courts, where they lost their final appeal, and that at the time this complaint
was submitted, there was no question that they could receive identity documents
without reference to their Baha’i faith.
62.
Secondly, the decision of the Lower Court is not final and can be appealed to
the Supreme Administrative Court, which has already made its position clear in the
Complaints’ case.
63.
Lastly, even if the Lower Court’s decisions in the aforementioned cases were to
be upheld, they would not remedy the violation complained of in this case. This is due
to the fact that if the new rulings are upheld, the Baha’is would be able to obtain
identity documents, but they still would not allow their ID documents to reflect their
religious affiliation. A dash would be put in the section that reflects religious
affiliation, while other religions (Islam, Judaism and Christianity) are not limited in
the same manner.
64.
The Complainants refer to Jawara v The Gambia, where the Commission stated
that when dealing with domestic remedy, ‘three major criteria could be deduced….in
determining this rule, namely: the remedy must be available, effective and sufficient’.2
The effectiveness of a remedy is determined by its ability to remedy the rights violated.
In this regard, they submit that, to the extent that the Hindi Halim and Hosni AbdelMassih cases provide a remedy for Baha’is to have official documents, they do not
however provide an effective remedy to the Complainants in this case. They aver that
their documents which listed their religious affiliations were confiscated by the State.
65.
The Complainants submit that, due to the above reasons, they have exhausted
all local remedies available to them in Egypt for the purpose of Article 56(5) and that
they have submitted the Communication within eleven months after exhausting local
remedies pursuant to Article 56(6).
66.
The Complainants’ therefore request the African Commission to declare the
Communication Admissible.
B. Respondent State’s Submissions on Admissibility
67.
The Respondent State avers that the Administrative Judicial Court at its sitting
on 29 January 2008 cancelled the Administrative decision which required the plaintiffs
to enter one of the three divine religions recognized in Egypt in their identity cards
and granted them the identification cards without filling in the column on religion.
2
Communication 147/95 - Jawara v The Gambia (2000) ACHPR para 30-31.
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