;}) 6.~ttEB rf;:n.'d.~ Human and Peoples' Riqhts Human R;ghts our Collective Responsibility that can prove a girl or woman has had sex", as the "appearance of girl's or woman hymen cannot prove whether they have had sexual intercourse or are sexually active or not"),l65the Commission views that the choice of the state through the Criminal-Statutes fell short of the required standards. As to the question of secondary victimization, the Commission considers and remains guided by the European Committee of Ministers in its Recommendation (also cited by the Complainants) that Secondary victimisation occurs not as a direct result of the criminal act, but through subsequent victim-blaming attitudes, behaviours and practices of State institutions responding to the complainantt= 194. 195. In the case at hand, the Commission particularly finds in the responses of institutions and individuals to the victims including many of the questions put by the authorities during their detention and trial.167 196. The Commission takes examples from questions asked to the first Victim captured in Paragraph 66 of the Complainants' Submissions on Merits and from the English translation of the testimony of Samira Ibrahim Mahmoud before the military prosecutor: -What is your social [and professional] status?, -Why did you work in a company in Cairo province 'while you don't live there and you are not married? -Why did you choose to live [in the stated address] even though it is very far from where you used to work? -What were you wearing at the time of your arrest?168 Being the questions asked to a victim of sexual violence by the prosecutor, a person she expected to be on her side, to bring her assailants to book, remains in the mystery of mockery and constitutes secondary victimization; Commission noting, UN-Eliminating Virginity Testing: An Interagency Statement. Geneva: World Health Organization; 2018. Licence: CC BYNC-SA 3.0 IGO, available at http://apps.who.inl/iris/bitstream/handleI1066S/?7S4S'I/WHO-RHR-18.1S-cng.pdi?ua=1 (Last accessed on 14th April 2023) 165 166 European Committee of Ministers in its Recommendation Rec(2006)8 on assistance to crime victims, para. 1.3. See also Rebecca Campbell, What Really Happened? A Validation Study of Rape 167 See, for instance facts submitted in paragraph 66 of the Complainant submission in m 168 Ibid 461 P a g C ... Afncall' ~ Union 1 hrtps:/achpr.3u.intiO 0 a

Sélectionner le paragraphe cible3