..··,~t:ACHPR ( ~ 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 31 Bijilo Annex Layou West Phone: (220) 230 436 ax: Email: ruau!:!-b~a~l~a~~~~

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