conclude that the both Institutions lacked impartiality and independence.
225. The Complainants also allege that the Victims did not have an impartial and objective investigation.
They aver that the Victims reported the alleged incidences to the police after the alleged assault, but the
police was unwilling to interview potential witnesses, take down statements, or assist them in any way.
They also submit that the PPO's decision to halt the investigations due to amongst other reasons,
discrepancies in the Victims' Statements is immaterial because according to them, these discrepancies
were mere omissions which have no material bearing on the present Communication.
226. According to the Respondent State, the investigations carried out by the PPO have all the specified
safeguards for criminal investigation according to the Egyptian legal regime, particularly the impartiality and
confidentiality of the investigations.85 Furthermore, according to the Respondent State, the decision
reached by the FPO, after its detailed and scrupulous investigations which showed that there were no
grounds for initiating criminal proceedings "temporarily" due to the inability to identify the perpetrators was
logical and sound.
227. The UN Human Rights Committee has shown that complaints must be investigated promptly and
impartially so as to make the remedy effective. In its General Comment No. 20, the Committee provides
that: "Complaints must be investigated promptly and impartially by competent authorities so as to make the
remedy effective."86
228. The European Court has also expressed the importance of carrying out thorough investigations that
are capable of leading to the identification and punishment of those responsible for any ill-treatment.87
Moreover, when examining whether an investigation is effective, the European Court applied the following
test in some of its cases: whether the authorities reacted effectively to the complaints at the relevant time;88
the length of time it takes for the investigation to commence;89 and whether there were delays in taking
statements from the victims.90
229. In Assenov & Others v. Bulgaria, the European Court clearly addressed the notion of effective
investigation that is not impartial and independent. In deciding on the alleged police misconduct against the
Complainant, the Court noted that "It was necessary to take evidence from independent witnesses," adding
that ... "the examination of two further witnesses, one of whom had only a vague recollection of the
incidents in question, was not sufficient to rectify the deficiencies in the investigation up to that point."91 The
Court concluded that the lack of a thorough and effective investigation into the applicant's arguable claim
that he had been beaten by police officers violates Article 3 of the Convention.92
230. Accordingly, borrowing from the European Court, it follows that where Victims raise arguable claims to
have been ill-treated in breach of violations in the African Charter, the investigation carried out must be
prompt and impartial to be effective. An impartial investigation should involve a thorough or scrupulous
procedure which leads to results that identify the perpetrators and punishes those responsible for the illtreatment and other violations alleged.
231. The African Commission has noted the arguments presented by the parties to this Communication
and concurs with the submissions made by the Complainants that the investigation carried out by the PPO
was not impartial, which jeopardised the Victims' right to an effective remedy. Even though the Respondent
State describes the steps taken by the PPO during the investigation and concludes that the PPO did not
prosecute due to lack of sufficient information from the Victims, and discrepancies in their Statements and
medical reports, the African Commission finds that the PPO lacked sufficient evidence on which to decide
whether or not the violations took place.
232. Additionally, apart from outlining the discrepancies which are described as omissions by the
Complainants, and which the Commission agrees do not have any material bearing on the investigation of
the complaints put forward by the Victims, this Commission notes that the Respondent State failed to
substantiate its arguments about the discrepancies in the medical reports.
233. In order to be impartial, it would have been of paramount relevance in the investigative processes for
the PPO to obtain, if necessary proprio motu additional evidence from other sources by giving room for
more witnesses in the scene to make illustrative statements that could corroborate the statements made by
the Victims. Instead, the PPO gave undue attention to the 'discrepancies' made by the Victims which made
it arrive at the tenuous conclusion that it could not proceed with the investigations because the perpetrators
could not be identified, creating an appearance of an actual lack of impartiality.
234. According to this Commission, based on the evidence before it, there were procedural deficiencies
that affected the final decision that was taken by the PPO in this Communication. This obliges the
Commission to conclude that the Victims were indeed deprived of an effective and impartial investigation
from the PPO. Having said this however, the African Commission is of the opinion that the impartiality of
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