71. In
relation
to
Article
56
(4)
of
the
Charter
the
Complainant
submits
that
the
Communication is not exclusively based on news disseminated through the mass media.
It submits that the jurisprudence of the Commission does not prevent Complainants from
relying on material drawn from the mass media, rather that it should not be exclusively
based
on
mass
media.
The Complainant provides reasons why in this case it partly
depends on mass media, including that it does not have free access to the proceedings,
that even defense lawyers were barred from accessing the proceedings, and that it has
had trouble communicating with lawyers and human rights activists in the Respondent
State. However, it states that in addition it also draws on reports from internationally
recognized
Human
non-governmental
Rights
Watch;
organizations
in
investigations
and
organizations,
statements
response
faulty
to
trial
the
of
the
including
United
situation
in
proceedings
Amnesty
Nations
Egypt;
and
disseminated
and
International
other
evidence
by
defense
and
international
relating
to
the
lawyers
of
the
Victims.
72. The Commission has held in its jurisprudence that "while it will be dangerous to rely
exclusively
on
news
disseminated
through
damaging if the
African Commission were
aspects of it are
based
e
mass
media,
it
ould
be
equally
to reject a Communication because some
on news disseminated
through
the mass
media."20 Thus it is
appropriate to have media sources, as long as they are not relied on exclusively.» The
Commission
has
held
that
documents
of
international
human
rights
organizations,
including reports and press releases, are sufficient additional information to ensure that
allegations are not based exclusively on mass media.V The Commission has also accepted
sources
of
information
from
NGOs
such
as
Human
Rights
Watch
and
Amnesty
International to be compatible with the requirements in Article 56(4).23 Some evidence
has also been disseminated by defense lawyers of the Victims. The Commission thus finds
that the Complaint is not based exclusively on news disseminated through the mass
media and meets the requirements in Article 56(4).
73. On the question of exhaustion of local remedies under Article 56 (5) the Complainant
submits that local remedies have been exhausted as the death penalties handed down are
final, given that they have been upheld by the Court of Cassation, the highest court in
Egypt. In addition, it is submitted that no presidential pardons were granted in respect
20
Communication 277 /2003 -Spilg and Mack & 0/TSHWANELO (on behalf o
f Lehlohonolo Bernard Kobedi) v. Botswana (2011)
ACHPR para 106. See also C o m m u n i c a t i o n 149/96 - Sir Dawda K Jawara v. G a m b i a .
21
Communication 259/2002 - Groupe de Travail sur ies Dossiers Judiciaires strateqiques v. Democratic Republic of Congo
(2015) ACHPR para 40. See also Communication 277/2003 - S p i l g and Mack & DITSHWANELO (on behalf of lehlohonolo
Bernard Kobedi) v. Botswana, para 106.
22
Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v
Sudan (2009) ACHPR para 92.
cc-,
k ?:l ll�olA� .
�
23
Communication 467 /14 -Ahmed Ismael and 528 Others v. the Arab Republic of Egypt (2016) ACHPR para 1.
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