egyptian initiative for personal rights and interights v arab republic of egypt communication 323 of 2006 2013 achpr 120 12 october 2013

egyptian initiative for personal rights and interights v arab republic of egypt communication 323 of 2006 2013 achpr 120 12 october 2013

The Commission found that the Respondent State violated Articles 1, 2, 3, 5, 9(2), 16(1), 18(3), and 26 of the African Charter by failing to protect the victims from gender-based violence, not conducting effective investigations, and not providing effective remedies. The violence was gender-specific, state actors were complicit or failed to act, and the state failed to meet its positive obligations. There was no violation of Articles 7(1)(a) and 16(2) as the victims had access to appeal and received medical attention.

Citation
egyptian initiative for personal rights and interights v arab republic of egypt communication 323 of 2006 2013 achpr 120 12 october 2013
Parties
Complainant: Egyptian Initiative for Personal Rights (EIPR) and INTERIGHTS; Respondent: Arab Republic of Egypt
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
12 October 2013
Procedural Posture
Human Rights Complaint (african Charter) / Decision on Merits
Outcome
Complaint upheld in part; violations found; partial dismissal for some claims.
Legal Topics
Gender Based Violence, Freedom of Expression, Right to Health, Non Discrimination, Right to Dignity, Right to Fair Trial, State Obligations, Police Misconduct, Sexual Violence, Judicial Independence
Source Language
English
Human Rights Law International Law Constitutional Law Gender Based Violence Freedom of Expression Right to Health Non Discrimination Right to Dignity +5 more

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Parties

Egyptian Initiative for Personal Rights (EIPR) and INTERIGHTS

Complainant

Arab Republic of Egypt

Respondent

Procedural Posture

Human Rights Complaint (african Charter) / Decision on Merits

Legal Issues

  1. 1 Whether the Respondent State violated Articles 1, 2, 3, 5, 7(1)(a), 9(2), 16, 18(3), and 26 of the African Charter through acts and omissions related to sexual violence, discrimination, and failure to investigate and protect victims.

Ratio Decidendi

The Commission found that the Respondent State violated Articles 1, 2, 3, 5, 9(2), 16(1), 18(3), and 26 of the African Charter by failing to protect the victims from gender-based violence, not conducting effective investigations, and not providing effective remedies. The violence was gender-specific, state actors were complicit or failed to act, and the state failed to meet its positive obligations. There was no violation of Articles 7(1)(a) and 16(2) as the victims had access to appeal and received medical attention.

Court Disposition

Complaint upheld in part; violations found; partial dismissal for some claims.

Orders

  • Amend laws to align with the African Charter.
  • Pay compensation of EP 57,000 to each victim for physical and emotional damages.