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Human and Peoples' Rights
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ridicule of the Victim were considered intentional to cause the Victim's feelings of
humiliation and inferiority.
100. Specifically, regarding the practice of forced gynaecological or genital examinations of
women, the Complainants cited the CEDAW Committee view in the Concluding Comments
against Turkey75 that forced genital examination of women, including those in custodies
is such coercive, degrading, discriminatory, unsafe and constituted a violation by state
authorities of the right to bodily integrity of a person and dignity of women.
101. About the use of abusive terms against them while in custody, the Complainants cited
the Egtjptian Initiative for PersonaL Rights & Interights v Egypt, (cited above)76holding that
such treatment which included fondling of the Complainant's breasts and other body
parts and tearing off the Complainant's clothes amounted to discrimination as well as
physical and emotional trauma contrary to Article 5.77
102. The Complainants submitted that in the present case, the authorities aimed specifically
at degrading the Victim's dignity and intended to humiliate them. Citing multiple
occasions where they were called prostitutes' and sluts' to insult them." the First Victim
testified that upon her arrest, the military officers, in addition to verbally insulting her,
spat on and slapped her in the face with a shoe. She added that she was forced to strip
naked in full view of male soldiers, who laughed at and took photos of her with their
mobile phones. The Second Victim testified that a military police officer sexually
assaulted her by trying to kiss her and preventing her from leaving, saying, he had not
seen his wife in 38 days"? They submitted that the forced genital examination of both
Complainants took place with both Complainants lying on their backs with their legs
up and in the presence and full view of male soldiers and officers.80
103. As to the failure of the Respondent State to adequately investigate and punish the
perpetrators to constitutes a separate violation of Article 5 of the African Charter, the
Complainants submitted that indeed the State must carry out an effective investigation,
75 Combined
second and third periodic report, 13-31 January 1997, para.l72.
76
Particularly at Para 197, 201-202
77
See, paragraph 138 of the Complainant's
submission on Merit
Written Testimony of Second Victim transcribed in Para 140
79 See, Paragraph 140 of the Complainaint
Submision on merit citing Annexture 20
78
80 Ibid Para
140
231 P age
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