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Human and Peoples' Rights
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Collective Responsibility
and other male officers and soldiers." They added that military doctor one Dr El-Mogy
conducted forced genital examinations using his bare hands, an examination which
lasted for approximately five minutes without their consent, and after which, they were
ordered to sign a prepared statement saying that they were unmarried, virgins and that
their hymen was intact. 27
72.
The Complainants reiterated that at no time did any State official or other person
inform the victims of any lawful purpose for the genital examination or the statement
they were ordered to sign, only to be informed when the Second Victim inquired from
the officer in charge of the prison it was so that no girl (who is not a girl) goes out and
says we attacked her.28The same logic is also to be found in the justifications of forced
genital examinations made by members of the Supreme Council of the Armed Forces
(SCAF),the Complainants added.
73.
The Complainants faulted the practice and procedure of genital examination as
unjustified and a weapon used to discriminate against women and a tool to suppress
their exercise of the right to political opinion. They stated that such acts had severe
physical, mental and social impacts on the victims, both at the time of doing it, the
manner it was done, and afterwards.
74.
In terms of its physical impact, the Complainants submitted that they suffered pain
through rough handling,
beating, electroshocks and the forceful nature of genital
s.
examinations. In terms of mental suffering and social impact, the complainants, reading
from the first victim's recorded testimony, submitted that she felt humiliated, and went
through physical, psychological and mental damage to the extent that she wished for
death.s? She subsequently lost her job due to the emotional impact. The second victim
testified that she felt that the soldiers enjoyed beating and humiliating them.
75.
On the failure of the state to adequately investigate the victims' claims of violence and
prosecution of the perpetrators, the Complainants submitted that during the detention
and trial against their aggressors, they were refused an opportunity to give a proper
26
See paragraph 60-65 of the Submission on Merits
27
See, paragraph 61 ibid
28 See Annex
29
18, also pictured in Para 61 of the Submission
See, First Applicant video testimony (transcribed and translated), p4. See Annex 20 Para
151 P age
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The African Commission