for more freedom of movement for refugees. It thus has a rational justification
grounded in law. In relation to the time which they were kept in the camps, on
the facts the protestors who were documented refugees were released the next
day following their arrest, once their status had been confirmed, and all other
persons were released once their status had been confirmed. It can thus not be
said that the detention was disproportional, and the test for discrimination is
thus not met.
168.
In relation to the conditions under which the Victims were held in detention,
there is no indication that there was a distinction in treatment between the
three groups, nor is there any evidence provided that conditions of detention
for Egyptian detainees are any different, and there is thus no evidence of
discriminatory actions.
169.
The Commission thus finds a violation of the right to non-discrimination only
in relation to the verbal abuse suffered by the Fourth Victim and other Victims
at the hands of law enforcement officers.
Analysis of Article 4
170.
Article 4 of the African Charter provides that human beings are inviolable, that
every human being is entitled to respect for his life and the integrity of his
person and that no one may be arbitrarily deprived of this right. This is
elaborated in the Commission’s General Comment No. 3 on the Right to Life,
which in the introduction provides that:
“The Charter imposes on States a responsibility to prevent arbitrary
deprivations of life caused by its own agents, and to protect
individuals and groups from such deprivations at the hands of
others. It also imposes a responsibility to investigate any killings that
take place, and to hold the perpetrators accountable.”
171.
Specifically in the context of law enforcement, the General Comment provides
that: “The primary duty of law enforcement officials – meaning any actor
officially tasked with exercising a law enforcement function, including
police, gendarmerie, military or private security personnel – is to protect
the safety of the public. The State must take all reasonable precautionary
steps to protect life and prevent excessive use of force by its agents,
including but not limited to the provision of appropriate equipment and
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