suffered. The Complainants also submit that having failed to acknowledge the
violations and failing to initiate investigations based on the Victim’s complaints,
the State failed to provide the Victim with redress.
329. Article 1 of the Charter requires State Parties to recognise the rights, duties
and freedoms enshrined in the Charter and undertake to adopt legislative or
other measures to give effect to them.
330. In considering the alleged violation of Article 1, the Commission notes its
decision in Jawara v The Gambia where it held that “Article 1 gives the Charter the
legally binding character always attributed to international treaties of this sort.
Therefore a violation of any provision of the Charter automatically means a
violation of Article 1.”129 The Commission similarly held that if a State Party fails
to respect, protect, promote or fulfill any of the rights guaranteed in the Charter,
this constitutes a violation of Article 1 of African Charter.130
331.
The Commission also notes its decision in Abdel Hadi and others v. Sudan, in
which it held that the Respondent State violated Article 1 of the Charter, because
it failed to: protect the victims from torture and other ill-treatment, respect their
right to liberty and fair trial, investigate the allegations of wrongdoings by its
agents, take measures to afford adequate remedy to the victims, and put in place
adequate legislative framework to protect the physical integrity of individuals
within its jurisdiction.131
332. In line with the above reasoning, the Commission finds the Respondent State
in violation of Article 1 of the African Charter.
Reparations
333. The Complainants request that in addition to finding the Respondent State in
violation of the Victim’s rights under the Charter, the State should acknowledge
the violations and publish an apology, provide compensation and rehabilitation,
investigate the violations through an independent commission of inquiry, and
introduce legislative reforms and torture safeguards to prevent future violations.
334. The Complainants request the Commission to allow for a hearing on
reparation because of the nature of the violations over an extended period, the
systemic flaws in Egypt’s legal structure, the fact that the Commission has
previously found the State in violation of the Charter in a similar case, and
because those deficiencies continue to date.
Adequate Compensation and Rehabilitation
335. The Complainants submit that the Respondent State should pay adequate
compensation in the amount of no less than one (1) million Egyptian Pounds at
the time of filing (approximately USD 140, 000). The Complainants submit that
Jawara v. The Gambia (n 3 above), para 46.
Abdel Hadi and Others v. Sudan (n 32 above), para 92.
131
As above.
129
130
54