Egyptian Organisation For Human Rights v Egypt (Communication 201 of 1997)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission declared the communication inadmissible for failure to exhaust domestic remedies. Despite repeated requests, neither party provided information demonstrating exhaustion of local remedies. The Commission noted that the complaint had been pending for a long time and that conditions for admissibility under Article 56(5) of the Charter had not been satisfied.
Outcome
Communication closed due to failure to satisfy admissibility requirements
Facts
On 17 June 1997, Egyptian State Security Investigation forces arrested eight individuals for peacefully opposing Law 96 of 1992, which regulates relations between landowners and tenants of agricultural land. The arrested persons included a journalist, veterinarian, lawyers, and farmers. Some were arrested for hanging black banners in protest, others for participating in a rally, and one for promoting a petition to the President. Four individuals were charged under anti-terrorist provisions of the Penal Code with promoting ideas opposing the regime and inciting resistance. Following imprisonment, the four charged individuals were allegedly beaten, stripped, had their heads shaved, and were forced to wear prison uniforms. The Egyptian Organisation for Human Rights filed a communication alleging violations of multiple articles of the African Charter.
Issues
- Whether the communication satisfied the admissibility requirement of exhaustion of local remedies under Article 56(5) of the African Charter.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (9)
- African Charter on Human and Peoples' Rights Article 2
- African Charter on Human and Peoples' Rights Article 3
- 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 6
- African Charter on Human and Peoples' Rights Article 7
- African Charter on Human and Peoples' Rights Article 9
- African Charter on Human and Peoples' Rights Article 11
- African Charter on Human and Peoples' Rights Article 56(5)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.