before filing a complaint, would be able to identify the particular police officers
who had assaulted them in the park,. They argue that to the extent that the law
denies these Victims and similarly situated victims from accessing the
Respondent State’s judicial system to seek redress with respect to the human
rights violations they have suffered, it is unreasonable and at odds with the
duty to investigate serious human rights violations under the African
Charter.12
55.
The Complainants allege that on 13 June 2006, the District Attorney declared
at his office, in the presence of the Victims’ counsel, 13 that the case had in fact
been closed. They said that he stated that the security officials responsible for
the violations in the park had not been identified, as it had not been possible to
pinpoint the specific perpetrators out of the several thousand law enforcement
officials.14 They further allege that the District Attorney stated that, contrary to
Egyptian procedural law, there was no description of the alleged crime
committed against the protesters who lost their lives while resisting the
Egyptian riot police, and that the number of the dead had not been clarified.
The Complainants aver that no formal document was issued after the District
Attorney made this statement.
56.
The Complainants argue that the statement by the District Attorney provides
a spurious basis for refusing to proceed with the investigation. They contend
that while there was conflicting information as to the precise numbers, it is
unquestionable that a significant number of individuals were killed and
injured on the day in question and that a thorough investigation would serve
to clarify the details and extent of the deaths and injuries. They state that it is
self-evidently the case that the protesters could not reasonably be expected to
be able to identify, by name, the individual law enforcement officers
responsible for the violence. They also state that basic investigative steps were
not taken by the State. They argue that since it is clear that those responsible
for assaulting the protesters were identified as police officers, an internal
investigation into which police officers were at the park, and under whose
operational control, should have been carried out. They state that the lack of
Art 1, 4 of the African Charter.
In the presence of Ashraf Ruxi, Asylum Lawyer and Mohamed Badawi and Amel Gouda from AHRLA.
14 See number of law enforcement officials in the park; Report of Egyptian Organisation of Human Rights
issued after the events of 30 December 2007 http://www.eohr.org/ar/report/2006/re0114.shtml
accessed on September 27 2007.
12
13
12