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Egyptian Initiative For Personal Rights and Another v Egypt (Communication 334 of 2006)

African Commission on Human and Peoples' Rights · [2011] ACHPR 110 · 2011 Communication Upheld AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication before African Commission alleging human rights violations arising from detention, torture, and trial by State Security Emergency Court
Decision
Communication upheld; violations found; remedial orders made including prohibition on execution, compensation, and release of victims

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that Egypt violated Articles 5, 7(1)(a), 7(1)(d), and 26 of the African Charter by subjecting the victims to torture, denying them access to counsel and medical care, admitting confessions obtained through torture at trial, trying them before a court lacking independence from the executive, and denying the right to appeal. The Commission found no violation of Article 4 as the victims had not yet been executed.

Outcome

Communication upheld; violations found; remedial orders made including prohibition on execution, compensation, and release of victims

Facts

Three Egyptian men were arrested following bombings at tourist resorts in Sinai in October 2004 and July 2005 that killed 34 people. Mohamed Gayez Sabbah was arrested on 22 October 2004, Ossama Mohamed Al-Nakhlawy on 12 August 2005, and Younis Mohamed Abu-Gareer on 28 September 2005. All three were held incommunicado by State Security Intelligence agents for periods ranging from 50 days to several months. During detention they were subjected to electric shocks, beatings, hanging by limbs, blindfolding and prolonged sensory deprivation to compel confessions. They were denied access to lawyers, family, and medical care. Forensic medical examinations conducted eight to nine months after alleged torture found dark discolorations and injuries consistent with the victims' allegations, though examiners stated the time lapse prevented definitive conclusions on causation. The victims were tried by the Supreme State Security Emergency Court, sentenced to death on 30 November 2006, and denied any right of appeal under Egyptian emergency law.

Issues

  1. Whether the victims were subjected to torture and cruel, inhuman or degrading treatment in violation of Article 5 of the African Charter
  2. Whether the denial of access to counsel, courts, and medical care during detention constituted a violation of Article 5
  3. Whether the use of confessions obtained through torture as evidence violated Article 7 fair trial rights
  4. Whether the Supreme State Security Emergency Court met the requirements of independence and impartiality under Articles 7 and 26
  5. Whether the denial of the right to appeal violated Article 7(1)(a)
  6. Whether the imposition of the death penalty following an unfair trial violated Article 4

Orders

  • Not to implement the death sentences.
  • Adequately compensate the victims in line with international standard.
  • Reform the composition of the State Security Emergency Courts and ensure their independence.
  • Take measures to ensure that law enforcement organs respect the rights of suspects detained in line with Article 5 of the Charter.
  • Harmonize the State Security Emergency Laws to bring it in conformity with the Charter and other international norms and standards.
  • Release the victims.
  • Submit to the African Commission within 180 days a report on measures taken to give effect to these recommendations.

Rules and key headnotes

Torture — Prohibition — State Responsibility for Acts of Officials
When a person is injured while in state custody, there is a strong presumption that the person was subjected to torture or ill-treatment, and the burden shifts to the state to provide a plausible explanation of how the injuries were caused.
Torture — Safeguards Against — Prompt Access to Counsel and Medical Care
The right to prompt access to counsel and to medical examination during detention constitutes an essential baseline safeguard against torture and cruel, inhuman or degrading treatment, and denial of these safeguards itself amounts to a violation of Article 5 of the African Charter.
Evidence — Confessions — Admissibility — Confessions Obtained Through Torture
Any confession obtained during incommunicado detention shall be considered to have been obtained by coercion and may not be admitted as evidence or considered as probative of any fact at trial. Once a victim raises doubt as to whether a confession was procured by torture, the burden shifts to the state to demonstrate that the confession was freely made.
Judicial Independence — Emergency Courts — Executive Control
A court cannot be said to be independent when the implementation of its decisions vests squarely in the executive branch of government. The degree of control exercised by a head of state over the composition, conduct, and outcome of proceedings before a special security court is antithetical to the notion of an independent and impartial judicial process.
Right to Appeal — Death Penalty Cases — Denial of Appellate Remedy
The foreclosure of any avenue of appeal to competent national organs in a criminal case attracting punishment as severe as the death penalty clearly violates Article 7(1)(a) of the African Charter, particularly where the decision of a security court is final upon endorsement by the executive and is not subject to judicial review.
Right to Counsel — Capital Cases — Access During All Stages
In proceedings relating to criminal charges that may result in the death penalty, the right to counsel of one's choice applies during all stages of the prosecution including preliminary investigations, interrogations, periods of administrative detention, trial and appeal. Complete denial of access to counsel before appearance in court violates Article 7(1)(c) of the African Charter.
Right to Life — Fair Trial Requirements — Arbitrary Deprivation
The execution and implementation of a death sentence emanating from a trial which did not conform to Article 7 fair trial guarantees will amount to an arbitrary deprivation of life in violation of Article 4 of the African Charter.

Legislation cited (15)

  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 7(1)(c)
  • African Charter on Human and Peoples' Rights Article 7(1)(d)
  • African Charter on Human and Peoples' Rights Article 26
  • Emergency Law (Egypt) Law 162/1958
  • Emergency Law (Egypt) Article 3
  • Emergency Law (Egypt) Article 12
  • Emergency Law (Egypt) Article 14
  • Egyptian Penal Code Article 86 b(ii)(iii)
  • Egyptian Constitution 1971 Article 42
  • Egyptian Constitution 1971 Article 57
  • Convention Against Torture Article 1
  • Convention Against Torture Article 15

Cases cited (18)

  • Constitutional Rights Project v Nigeria
  • Civil Liberties Organisation v Nigeria
  • Sir Dawda Kairaba Jawara v The Gambia
  • Zegveld v Eritrea (Communication No. 250 of 2002)
  • Constitutional Rights Project v Nigeria (Communication No. 60 of 1991)
  • Civil Liberties Organisation v Nigeria (Communication No. 87 of 1993)
  • Malawi African Association and others v Mauritania (Communications Nos. 54/91, 61/91, 98/93, 164-196/97 and 210/98)
  • International Pen and Others (on behalf of Ken Saro-Wiwa) v Nigeria (Communications Nos. 137/94, 139/94, 154/96 and 161/97)
  • Amnesty International v Sudan (Communications Nos. 48/90, 50/91, 52/91 and 89/93)
  • Law Office of Ghazi Suleiman v Sudan (Communications Nos. 222/98 and 229/99)
  • Civil Liberties Organisation and Others v Nigeria (Communication No. 218 of 1998)
  • Free Legal Assistance Group and Others v Zaire (Communications Nos. 25/89, 47/90, 56/91, 100/93)
  • Colibaba v. Moldova (Appl. no. 29089/06), ECtHR, Judgment of 23 October 2007
  • Ng v. Canada (Comm. No 469/1991), Human Rights Committee, 7 January 1994
  • Saadi v. Italy (App. No. 37201/06), ECtHR (Grand Chamber), judgment of 28 February 2008
  • Öcalan v. Turkey (App. No. 46221/99), ECtHR, Reports 2005-IV
  • Jalloh v. Germany (App. No. 54810/00), ECtHR, judgment of 11 July 2006 [GC]
  • Harutyunyan v. Armenia (Appl. No. 36549/03), ECtHR, judgment of 7 June 2007

Full judgment

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

Egyptian Initiative For Personal Rights and Another v Egypt (Communication 334 of 2006) [2011] ACHPR 110 (3 March 2011)
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.