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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
undertaken and the Second Victim has not been asked to testify and has not been
informed of any action based on her complaint.
34. It was also claimed by the Complainants that this period was unduly prolonged as the
state has had notice of the alleged violations for 17 months without taking any action.
The Complainants, therefore, contended that domestic remedies were either
unavailable or if not, then they were ineffective or insufficient in the Second Victim's
circumstances.
35. The Complainants explained further that the rule against double jeopardy which
applies in the Egyptian military justice system is a bar for criminal proceedings in the
Second Victim's case. They explain further that Article 454 and 455 of the Criminal
Procedure Code prohibits courts from reconsidering criminal proceedings in which a
final decision has been made, even if new evidence is produced.
36. According to the Complainants, the Second Victim had no real chance of vindication
through the military justice system given that the final decision of the Supreme Military
Court finding Dr El-Mogy innocent of all ,charges bars any court, ordinary or military
from subsequently reconsidering the allegations against him even if these allegations
are made by a different victim.
37.
The Complainants also contended that the trial by a military court of military personnel
accused of human rights abuses could not be considered as an available, effective and
enough remedy for purposes of exhausting local remedies since the military justice
system in Egypt lacks the necessary impartiality and independence and the prospects
of success, in this case, are slim or non-existent.
38. On the strength of the above observations and authorities submitted supporting their
case, the Complainants urge the Commission to declare the Communication admissible.
ANALYSIS OF THE COMMISSION
ON ADMISSIBILITY
39. The Admissibility of Communications submitted to the African Commission on Human
and Peoples Rights (the Commission) is governed by the requirements contained in
Article 56 of the African Charter. Article 56 sets out seven requirements which must be
cumulatively complied with for a Communication to be admissible. The Complainants
submitted that all these requirements have been met.
40. As indicated above on procedure, the Respondent State has not
observations on admissibility. In the present circumstances and under
the Commission as enunciated in the case of
The African
Commission
on
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