129. The Complainants submit that in 2008, Egyptian authorities transferred the
Victim to a prison in a remote area in the Western Desert, hundreds of kilometres
away from his family’s home in Cairo.
130. The Complainants aver that the unlawful and arbitrary detention of the
Victim for over fifteen years meant that he was also unable to see his children in
Pakistan, one who was newly born and another who was about three years old
when he was first detained. The Complainants add that his enforced separation
from his children was unjustifiable and thus a violation of his right to family life
as protected under Article 18 of the Charter.
Alleged violation of Article 1
131. The Complainants submit that the Respondent State has not taken steps to
provide compensation or rehabilitation for the violations that the Victim has
suffered, in violation of Article 1 in conjunction with the above Articles.
132. The Complainants aver that having failed to acknowledge the violations of
the Victim’s rights and failing to initiate an investigation based upon the Victim’s
complaints, the Government has not provided the Victim with proper redress
133. The Complainants further aver that the Victim does not receive rehabilitation
despite continuing to suffer the impact of torture and extended detention.
Respondent State’s Submission on the Merits
Preliminary Observations
Exhaustion of local remedies
134. In its Merits submissions, the Respondent State submits that the Victim did
not exhaust local remedies.
135. The Respondent State submits that following the events in January 2011
where prisons, police stations and courts were stormed and destroyed, it is
impossible for the authorities to be sure of the authenticity of the Victims’
complaints and of any follow-up to those complaints. The Respondent State
submits that the Victim can still follow up his claims before the Egyptian legal
system as there is no statute of limitation for the crime of torture.
136. The Respondent State submits that although this avenue is still open to the
Victim, the Victim has not resorted to the administrative court to appeal his
detention and request for compensation.
137. The Respondent State submits that the Victim should have brought his case
before the National Council for Human Rights, a national independent
mechanism which operates in accordance with the Paris Principles. The
Respondent State submits that the National Council for Human Rights is
competent to receive complaints, to orient them to the competent authorities and
to effect follow-up.
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