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Ayatulla Alaa Hosny (represented by Dalia Lotfy) v Arab Republic of Egypt (Communication 603 of 2016)

African Commission on Human and Peoples' Rights · [2018] ACHPR 3 · 2018 Communication Closed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter
Decision
Communication withdrawn at the request of the Complainant and closed by the Commission

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission granted the Complainant's request to withdraw the Communication and declared it closed. The Commission considered that the Victim had been released (the primary prayer), and that the arrest of the family's lawyer created a serious impediment to building a case on the merits at the admissibility stage.

Outcome

Communication withdrawn at the request of the Complainant and closed by the Commission

Facts

Mrs. Ayatulla Alaa Hosny, wife of Hassan Mahmoud Ragab Al Qabany, an Egyptian freelance journalist, filed a Communication alleging that her husband was arrested on 22 January 2015 by State Security Police without warrant, tortured during detention, held incommunicado, and subjected to prolonged pre-trial detention and ill-treatment in prison. She alleged violations of Articles 5, 6, and 7 of the African Charter. The Communication was seized in April 2016 and remained at the admissibility stage. In May 2018, the Complainant requested withdrawal and closure, stating that the Victim had been released on precautionary measures for five years and that the family's lawyer had been arrested, making it difficult to obtain documents. The family no longer wished to pursue the claim.

Issues

  1. Whether the Communication should be withdrawn and closed at the request of the Complainant following the release of the Victim and the arrest of the family's lawyer.

Orders

  • Communication declared closed.
  • Request for withdrawal granted.

Legislation cited (3)

  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Ayatulla Alaa Hosny (represented by Dalia Lotfy) v Arab Republic of Egypt (Communication 603 of 2016) [2018] ACHPR 3 (8 August 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.