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

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