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African Commission on
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Human Rights our
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subjected to had they been tried before civil courts. Accordingly, they submit that the
Respondent state has violated their right to equal protection of the law under Article
3(2) of the Charter.
Violation of Articles 9 (2) and 11
154. The Complainants submitted that the Victims were merely participating in a political
demonstration/ sit-in at Tahrir Square, not a full month after mass demonstrations led
to the removal of Egypt's long-time ruling president Hosni Mubarak. The
demonstration the Complainants took part in called for.specific political objectives, such
as creating a new post-revolution constitution and the removal of Prime Minister
Ahmed Shafik, who was appointed to his post by Mubarak only to be destructed on 9
March 2011, by the Egyptian military tanks and soldiers, together with individuals
dressed in civilian clothes who marched onto Tahrir Square, burned tents belonging to
individuals who participated in the sit-in and arrested 18 female-protesters, victims
inclusive.t=
155.The Complainants added that the activities through which the Complainants expressed
their political opinions fell within the recognised scope of the freedom of expression
and freedom of assembly. The arrest, detention, and subsequent ill-treatment and
torture of the Complainants were in response to tIfe-Complainants' exercise of their
freedom of expression and assembly.
156.As is evident from the context of the violations that took place, the nature of the
questions put to the Complainants and other demonstrators and the accusations
levelled. against them. The authorities' measures were designed to punish and
intimidate the Victims and aimed at discouraging them from exercising their freedom
of expression and, assembly. The measures were unnecessary to preserve national
security and disproportionate and therefore amounted to a violation of Articles 9(2) and
11 of the Charter.
On the Alleged Yiolation of Article 1
157. Complainants submitted along The Social and Economic Rights Action Center (SERAC) v.
Nigeria137 that compliance with the Charter entails both negative and positive
obligations on the part of the State, stating further that the Charter recognises four levels
136
See, Paragraph 215
137Comm.No. 155/96
361 P age
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