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AFRICAN UNION
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UNION AFRICAINE
African Commission on Human & Peoples· Rights
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- UNIAO AFRICANA
Commission Africaine des Droits de l'Homme & des Peuples
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31 Bijilo Annex layout, Kombo North District, Western Region,P. 0. Box 673, Banjul, TheGambia
Tel: (220) 441050514410506; Fax: (220) 4410504
E-mail: au-banju/({j)Rfrtca-union.ora: Web www. ectux.ora
Communication 612/16
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Ahmed Mohammed<Aly sli~iJ-ie<>
. :Arab Republic of Egypt
A.doped by the
Afric111ro Cownwsion oo Huma etnd Poopla' R?.gl~t&
dmng the 6(1& Onlmary &saion)fr'@m @~to 2P May 2@1'1
NimtrltJJ~ Niger
Decision of the African Commission on Human and Peoples' Rights
on Strike-out
Communication 612/16 -Ahmed Mohammed Aly Subaie v. Arab Republic of
Egypt
Summary of the Complaint:
1. The Secretariat of the African Commission on Human and Peoples' Rights ·
(the Secretariat), received a complaint on 23
rch 2016 from the
Organisation of European Alliance (AED), Jus ·
an Rights OHR),
Aman Organisation, Khadija Mohammed i.
n, and one other
individual who sought anonymity (the Complai
alf of Ahmed
Mohammed Aly Subaie (the Victim).
2. The Complaint is submitted agai
State), State Party to the Afric "hart
African Charter).'
the political situation in the
3. The Complainants provid
13, which they allege
Respondent State,
a specific sector of the
"violated all hum
ed is that which opposed the
Egyptian socie'"'"'~'"'i.;
"coup".
' aders committed discriminatory
4. The Compla
ptians through killing, enforced
segregation
son inmates". They further allege that the
ramses fair trial rights.
5.
the Victim is amongst many Egyptians whose
the Respondent State. The Complainants indicate that
975,and is married with two children.
6.
inants a er that the Victim was abducted on 4 October 2013and
prived of minimum detainee rights, denied a lawyer, and
al judge to conduct the trial".
7. The Complainants allege that the "coup authority" fabricated many charges
against the Victim in relation to organising the Rabi'a sit-ins, in Case Number
5 of 2014 Criminal Supreme State Security and 2210 of 2014 Criminal El
Agouza. The Complainants state that the fabricated charges include false
rumours about the internal situation of the country; spreading false images of
deaths and injuries of protestors; false broadcast to stir up public opinion at
home and abroad about the situation in Egypt; incitement against state
1
Egypt ratified the African Charter on Human and Peoples' Rights (the African Charter) on 20 March
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institutions, armed forces and the police; "the use of websites as a means of
communication"; and belonging to an outlawed group.
8. The Complainants submit that on 11 April 2015, 14 people were sentenced to
death by hanging and 37 others were sentenced to life imprisonment,
including the Victim. They add that on 2 December 2015, the Court of
Cassation overturned the Criminal Court's decision and ruled that the case be
referred to another department so it could be separated.
9. The Complainants submit that the Victimwas subjected to "the worst kind of
torture in Scorpion Prison", a high security Prison also known as "the
cemetery of prisoners". The Complainants aver
ictim was detained
"in a tiny isolation cell with poor ventilation,
bed. He slept on
the floor.... He was denied food for seve
ted from being
visited, denied
medication, de
... and denied any contact with his fa
re because he
10. The Complainants allege that the
r of medical
was injured following his ar if.
months, and when ~.
a number ofr
12. The Compla
visitation for several
by his family, there were
ation means to exhaust domestic
possible". They indicate that the
ish all those who participated in
ts allege violation of Articles 1, 2, 3, 4, 5, 6, 7, 8 and 19 of the
Prayers:
15. The Complainants request the African Commission on Human and Peoples'
Rights (the African Commission) to:
a. Request an order of urgency to compel the Egyptian regime to halt all
forms of torture and to release the victim promptly;
b. Rule that the Egyptian regime is discriminatory because it has committed
crimes of racial segregation, mass killings of human beings; enforced
disappearance; crimes of eliminating the indigene; torturing of the
oppositions; violation of rights of prisoners; violating rights of women and
children; violating rights of detainees and denying them justice;
c. Decide that the Egyptian authorities must comply by ending all these
crimes and all the practices they carry out against humanity. And
prosecute persons responsible for the fabricated charges, the enforced
disappearance and torture;
d. Rule that the Egyptian authorities must award
for all that has been committed against hi
pensation in the
amount of fifty million U.S.Dollars; and
e. Ask for the formation of an inter
and
integrity to be based outside Eg
others because the Egyptian ·,
principles of universal justi, nd m
impartiality.
Procedure:
16. The Secretariat
receipt of the
ch 2016,and acknowledged
'1nt and seized the Communication
rom 6 to 20 April 2016, in Banjul,The
d by letter and Note Verbale dated 19 April
2016 also requested the Complainant to
issions on the Admissibility of the Communication within
· · ation (that is, 19 June 2016) in accordance with Rule
"
·1·:
bale and letter dated 23 June 2016,the parties were informed of
re Communication following the Commission's 20th ExtraOrdinary Session, held from 9 to 18 June 2016, in Banjul, The Gambia. The
letter to the Complainants again indicated that consideration of the
Communication was deferred pending receipt of their Submissions on
Admissibility.
19. The parties were informed of the status of the Communication following the
Commission's 59th Ordinary Session, held from 21 October to 4 November
2016,and the 21st Extra-Ordinary Session, held from 23 February to 4 March
2017, by Notes Verbale and letters dated 15 November 2016 and 16 ~.,/'.,..-.I.~e:~~~
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2017 respectively. The said letters again reminded the Complain ~' ,,~Jh~itr'4~";)fi>.
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consideration of the Communication
Submissions on Admissibility.
was deferred pending receipt of their
20. On 12 April 2017, one of the Complainants was given the hard-copies of the
letters dated 15 November 2016 and 16 March 2017 for which he signed to
acknowledge receipt.
Analysis of the African Commission on Strike-out:
21. Rule 105 (1) of the Rules of Procedure of the Commission, establishes that
when the Commission has decided to be seized o
unication, it shall
request the Complainant to present argument
ibility within two
(2) months.
en a
22. Rule 113 of the Commission's
deadline is fixed for a particular su
Commission for extension of t
grant an extension of time for
ission may
, onth.
the
Complainant has not
requested for an ex
24. Consequently .
sufficient information upon
Admi sibility of the Communication.
25. The Commiss
had in such ins~c
uck-out Communications for lack of
diligent prosec . · by the Com~Jainants, including in Communication 407/11A
argflryan
ur Sarg J!n v. Republic of Kenya, Communication 387/10
Communication 427/12 - SERAP (on behalf of
26. In view
e above, the Commission decides
on for lack of diligent prosecution.
to
strike
out the
Done in Niamey, Republic of Niger this 6Qth Ordinary Session held from 8 to 22
May2017