UNION AFRICAINE
AFRICAN UNION
UNIAO AFRJCANA
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can Commissiot1 on Human & Peoples · Rights
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Kombo North Distn'ct,
Commission Atncame des Drots de /'Homme & des Peuples
Western Region,P. 0.
Box 673,
Tel: (220) 441050514410506; Fax: (220) 4410504
E-mail: au-baniu'""'a6.:-- ··nion.-- · Web www.achtv.orQ
Communication 658/17
Shereen Said Hamd Bakhet
v
Arab Republic of Egypt
Adopted by tJu,
African Commlaalon on Human and Peoples' llights
dwlng tJu, 63'"-0rdinary Session.from 24 October to 13 November 2018
BtD!fu]. Tl,e Gambia
Commissioner Soyala Maiga
Chairpenon of the Aftican Commission
on Human and Peoples' Righls
Banjul,
TheGambia
Decision of the African Commission on Human and Peoples' Rights on Strike out
Communication 658/17 - Shereen Said Hamd Bakhet 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 13 March 2017 from the Organisation of
European Alliance (AED), Aman Organisation, Mr Hany Salah El Fakharany,
and one other individual who sought anonymity (tfie Com
of Shereen Said Hamd Bakhet (the Victim).
2.
lainants), on behalf
;
The Complaint is submitted against the Arab Republic of.iEgypt (Respondent
State), State Party to the African Charter on
uman andQ'eoples' Rights (the
1
African Charter).
3.
'
.,.,.
The Complainants submit that the Victim is married and has four (4) children.
The Complainants add that the Victim has bolfopinions w}ich the military
"coup" forces oppose.
4.
The
Complainants
Victim's home
in
,
allege
Baraka
'-.
that
polic�ressed
1-Sabaa,
in civilian
clothes
Menoufia governorate,
raided
the
at 2:00 am on 19
October 2016, searched the house, stole monetandjewellery, and arrested the
Victim. The Co�Iaina� further allege thatJhe Victim asked the intruders to
show her theif identifications and w
ether they had permission from the public
prosecutor, at which point "they almost beat her in front of her children".
;
5.
The Complainants aver that the Victim and her family were not informed of
the reasons
for the arrest, nor was her family
informed
of the place of her
detentioii,
6.
The Complainants submit that following the arrest of the Victim, security forces
took h�he State Sed�rity Investigations Service (SSIS) in Shebin El Koum,
Menoufia fvernorate where she was handcuffed and interrogated for several
hours in the absence of a lawyer.
7.
The Compl�ts submit that during the interrogation, security forces were
trying to force the Victim to confess to charges they fabricated against her, and
they threated to arrest her son Baraa who was 9 years old at the time and her
brother Mohammed who was 16 years old, when she refused to confess. The
Complainants add
that the Victim was sexually harassed
and
that she
was
threatened with rape.
8.
The Complainants allege that the Victim was eventually forced to confess to the
fabricated charges, and that she was also forced to make a statement indicating
that she had
sexual
relations
with many
men.
The Complainants
aver that
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Egypt ratified the African Charter on Human and Peoples' Rights (the African Charter) on
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following her interrogation, the Victim was kept in a dirty toilet which was so
foul that she could not find a place to sit causing her severe stress and fatigue.
9.
The Complainants submit that the Victim was taken to the SSIS in Cairo, and
was again interrogated in a similar manner and forced to confess for a second
time which was recorded on audio and video. The Complainants state that the
she underwent psychological and physical torture. They add that she was taken
back to Shebin El Koum in the middle of the night.
10. The Complainants allege that the Victim was interrogated further when she
reached
Shebin
El
Koum
at 3:00 am
on 20
October
2016, where
she again
confessed to the fabricated charges.
11. The Complainants submit that the Victim was brought before
the Supreme
State Security Prosecution in Cairo at 12:00 pm on 20 October 2016 without a
lawyer present. They add that the Victim was not allowed,to defend herself and
was not informed of the content of the public;prosecut�ns minute;..f1om the
investigations, but "she was only allowed to sigh the minutes".
12. The Complainants aver that it wtfs decided thatJ..-he Victim be detained for four
(4) days, and that she was therefore taken back to Shebin El Koum where she
was
held
in
incommunicaao
Complainants
state
dete�on
that�he
in
Victi�was
"a
dark
cell
full
present:,a'"to
of
the
insects".
State
The
Security
Prosecution in C� on 23 Octobe�016, again�the absence of a lawyer and
without information 011'-the investigation, where the Prosecution decided
to
detain her for 15 more days pending investig�tion.
13. The Complainants allege that the Victim �s then taken to the Shebin El Koum
'
police station and {ot the 5515 in;Shebin El Koum. They add that "the Victim
was ....imprisoned
ith a group of. criminals who were stealing her food and
perso�belongings."
14. The c
'- mpl�nt further allege that lawyers found out the whereabouts of the
Victim only orr14
ovember 2016, after which they became aware of the ordeal
she face¥hey adq that despite the intervention of the lawyers,
the public
prosecutortiled to investigate the abuses of the Victim.
15. The Complafnµnts submit that "the Public Prosecution has been complicit with
the security rrrces since the military coup in Egypt, it has not paid any attention
to the torture or threat to the victim, and has continued to direct the fabricated
accusations against her." The Complainants state that the Victim is accused in
Case No. 761 of 2016 before the Supreme State Security for reporting false news
about the internal situation in the country "to stir up public opinion at home
and abroad", belonging to an outlawed group,
and "working with satellite
channels to the detriment of the regime's ruling".
16. The Complainants aver that the Victim is imprisoned in "al-Qanater prison,
suffers from
kidney
failure,
has
liver
disease,
low
blood
nd
the
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prison administration refuses
to
treat her."
They
add
that the water
in the
prison is not suitable for drinking. The Complainants state that the Victim's
detention was renewed several times. They state that the Victim is unable to
look after her 4 children.
Articles alleged to have been violated:
17. The Complainants allege violation of Articles 1,
2, 3, 4, 5,
6, 7, 8 and
19 of the
African Charter.
Procedure:
18. The Secretariat received the Complaint on 13 March 2017, and acknowledged
receipt of the same on 3 April 2017.
�
19. By letter dated 27 April 2017, the Secretariat requested for clarifications on the
Complaint
in
accordance
with
Commission.
}"le
93
(4)
of
th
Rules
V
�\
of
P�cedure
of
the
'
20. On 3 May 2017, the Complainants transmitted the requested cfarification on the
Complaint, which the Sec etariat aclcnowledged receil;}of on 2 June 2017.
21. The Com.mission was seized of the
ommunication-and granted Provisional
Measures during its 22",Extra-Ordinary Session, h{rd from 29 July to 7 August
2017.
22. By
�
letter and Note Verbale dated
28 August 2017 the seizure decision was
transmitted to the Parties and the Comp ainant was requested to forward its
submissions on admissibility witWn tl"
o months.
23. BV\Note Verbale dated 22 November 2017 the Respondent State transmitted its
-.,
submissions
Com�a�n
on
"
the
'
admissibility
to
the
Commission,
although
the
fiaclnot yet submitted on admissibility.
24. By lette ,rnd Note Verbale of 07 June 2018 the Parties were informed that the
Complai�t had been granted an extension of thirty (30) days within which to
submit on admissibility.
25.
By letter a�Note Verbale of 31
August 2018 the Parties were
informed that
the extension granted to the Complainant had expired and that it is no longer
possible for the Complainant to submit on admissibility.
Analysis of the Commission to strike out
26. Rule 105(1) of the Commission's Rules of Procedure establishes that when the
Commission has decided to be seized of a Communication, it shall request the
Complainant to present arguments on Admissibility within two (2) months.
27. Rule 113 provides that when a deadline is fixed for a particular�u
tp�(\
°"
.J
i
either
party
may
apply
to
the
Commission
for
extension
of
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stipulated. The Commission may grant an extension of time for a period not
longer than one (1) month.
28. Jn this case, the Complainant was requested to present evidence and arguments
on the admissibility of the Communication within two (2) months from the date
of notification of the seizure decision, which period had expired on 28 October
2017. However, the Complainant did not present any evidence and arguments
within the stipulated time.
29. Given that more than six (6) months had passed without correspondence from
the Commission, on 07 July 2018 the Complainant was granted a further period
of 30
calendar
days
from
the
date
of notification
to
submit
evidence
and
arguments on the admissibility of the above-mentioned G:o�unication.
30. More
than three
period
and
no
(3)
months have
evidence
and
lapsed
since
arguments
the e<(!'iry of the last extended
have
been
submitted
by
the
Complainant.
31. In light of the above, the Commis�on therefore finds that the /
C
m lainant has
shown no interest in prosecuting this Communication.
32. The Commission takes note of its
·urisprudence,
including Communication
594/15: Mohammed Ramadan Mahmoud Fayad Allah v , the Arab Republic of
Egypt,
Communication
612/16:
Ahmed"Mohammed'1.Ji
Republic of Egypt, Communication 412/12:
and Communication 387/10:
were
�al
Kofi'-Yamagnan}-v.
Subaie
Echos du
v.
Nord
the
v.
Arab
Gabon
The Republic of Togo, which
similar!ftruck out for want of diligent prosecution.
Decision of the Commission
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33. In �
�...of the above, the Commission decides to strike out the Communication
for lack of diligent prosecution.
Done at the )Ordinary Session of the Commission held i
The Gambia
ii:
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from 24 October to 13 November 20,
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