the Charter. The Commission therefore as a consequence also finds a violation
of Article 1 of the Charter.
Remedies
254.
Paragraphs 130 to 137 above set out the Respondent State’s response to the
Complainants’ prayers (in paragraph 25 above). In relation to the submissions
that the State had undertaken a thorough and impartial investigation into the
incidents in the park and that Victims can resort to the Courts to claim
compensation for harm suffered in accordance with the rules of criminal, civil
and administrative liability, the Commission had already held above that the
investigation undertaken was insufficient, and that since the duty is on the
State to undertake the investigations, there is no obligation on the Victims to
seek separate compensation from the Courts (see paragraph 185 above).
255.
In relation to the submission that the Egyptian Police Act 109 of 1971 in Article
102 stipulates the conditions under which police can use force, the Commission
takes note of the quoted provisions of the Act, but finds that these provisions
are not in line with the African Charter in relation to the use of force since it
does not provide for measures to minimize damage and injury and respect and
preservation of human life, among other principles of necessity and
proportionality of the use of force, as well as respect for the right to dignity,
right to freedom from discrimination, among other human rights protected
under the African Charter as stipulated in paragraph 173 above. The
Commission takes note of the submission by the State that training initiatives
for police officers are being undertaken.
Decision of the African Commission
256.
In view of the foregoing, the African Commission on Human and Peoples’
Rights:
i.
Finds a violation of Articles 1, 4, 5, 11 and14 of the African Charter by the
Arab Republic of Egypt;
Finds a violation of Article 2 only in relation to the fourth Victim;
Finds a violation of Article 5 in relation to the denial of access to the Victims
to the bodies of their loved ones as well the failure to provide an effective
remedy;
ii.
iii.
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