egyptian initiative for personal rights and another v egypt communication 334 of 2006 2011 achpr 110 3 march 2011

egyptian initiative for personal rights and another v egypt communication 334 of 2006 2011 achpr 110 3 march 2011

The Commission found that the victims were subjected to torture and ill-treatment while in state custody, denied prompt access to medical care and legal counsel, tried by a court lacking independence and impartiality, convicted on confessions obtained under torture, and denied the right to appeal. These constituted violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter. The Commission held that the imposition of the death penalty in these circumstances would amount to arbitrary deprivation of life, but as the victims had not yet been executed, Article 4 was not violated.

Citation
egyptian initiative for personal rights and another v egypt communication 334 of 2006 2011 achpr 110 3 march 2011
Parties
Complainant: Egyptian Initiative for Personal Rights and Interights; Victim: Mohamed Gayez Sabbah; Victim: Mohamed Abdalla Abu-Gareer; Victim: Ossama Mohamed Al-Nakhlawy; Respondent State: Arab Republic of Egypt
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
3 March 2011
Procedural Posture
Human Rights Communication Before the African Commission on Human and Peoples’ Rights / Decision on Merits After Admissibility
Outcome
Findings of violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter; no violation of Article 4.
Legal Topics
Torture and Ill Treatment, Right to Fair Trial, Right to Counsel, Independence of Judiciary, Death Penalty, Right to Life, Due Process, Detention Conditions
Source Language
English
Human Rights Law Criminal Law International Law Torture and Ill Treatment Right to Fair Trial Right to Counsel Independence of Judiciary Death Penalty +3 more

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Parties

Egyptian Initiative for Personal Rights and Interights

Complainant

Mohamed Gayez Sabbah

Victim

Mohamed Abdalla Abu-Gareer

Victim

Ossama Mohamed Al-Nakhlawy

Victim

Arab Republic of Egypt

Respondent State

Procedural Posture

Human Rights Communication Before the African Commission on Human and Peoples’ Rights / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether the victims were subjected to torture and ill-treatment in violation of Article 5 of the African Charter
  2. 2 Whether the victims were denied fair trial guarantees under Articles 7(1)(a), (c), (d) and 26 of the African Charter
  3. 3 Whether the imposition of the death penalty in these circumstances violated Article 4 (right to life) of the African Charter

Ratio Decidendi

The Commission found that the victims were subjected to torture and ill-treatment while in state custody, denied prompt access to medical care and legal counsel, tried by a court lacking independence and impartiality, convicted on confessions obtained under torture, and denied the right to appeal. These constituted violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter. The Commission held that the imposition of the death penalty in these circumstances would amount to arbitrary deprivation of life, but as the victims had not yet been executed, Article 4 was not violated.

Court Disposition

Findings of violations of Articles 5, 7(1)(a), (d), and 26 of the African Charter; no violation of Article 4.

Orders

  • Not to implement the death sentences.
  • Adequately compensate the victims in line with international standards.