Wakilii

George Iyanyori Kajikabi v Arab Republic of Egypt (Communication 344-07)

African Commission on Human and Peoples' Rights · [2021] ACHPR 528 · 2021 Petition Granted 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 arising from violent dispersal of a refugee protest
Decision
Communication upheld with multiple violations found; State ordered to provide remedies including compensation, investigation, and legal reform

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found that Egypt violated Articles 1, 2, 4, 5, 11, 14, 16, and 18 of the African Charter by using excessive and disproportionate force to disperse a peaceful refugee protest, resulting in at least 27 deaths and numerous injuries; failing to conduct adequate investigations; denying protesters access to bodies of deceased family members; confiscating and destroying property without compensation; and separating families during the operation. The Commission ordered Egypt to reopen investigations, provide compensation to victims, and revise its laws on police use of force and regulation of assemblies.

Outcome

Communication upheld with multiple violations found; State ordered to provide remedies including compensation, investigation, and legal reform

Facts

On 29-30 December 2005, Egyptian riot police violently dispersed approximately 2,500 Sudanese refugees, asylum seekers, and undocumented persons who had been conducting a three-month sit-in protest at Mustafa Mahmoud Park in Cairo near the UNHCR office. The protesters were demanding better treatment from UNHCR, including reopening of closed asylum cases and resettlement to third countries. After midnight on 30 December, police surrounded the park, used water cannons, and then charged with batons and truncheons. At least 27 people died from asphyxiation and injuries sustained during the stampede and police assault. Over 500 were injured. Protesters were forcibly loaded onto buses and taken to detention camps where families were separated, medical care was inadequate, and they were held incommunicado. Card-carrying refugees were released the next day, but others remained detained until 11 February 2006. The bodies of the deceased were not released to families for months, and protesters' belongings were confiscated and destroyed. Egyptian authorities conducted an investigation but closed it without identifying perpetrators or holding anyone accountable.

Issues

  1. Whether the violent dispersal of a peaceful sit-in protest by Sudanese refugees and asylum seekers violated their right to life under Article 4 of the African Charter.
  2. Whether the use of force by Egyptian riot police in breaking up the protest was necessary and proportionate.
  3. Whether the failure of the State to conduct a thorough, prompt, impartial and transparent investigation into the deaths and injuries violated Article 4.
  4. Whether the assault, verbal abuse, and treatment of protesters in detention amounted to cruel, inhuman or degrading treatment under Article 5.
  5. Whether the detention of protesters was arbitrary and violated their right to liberty under Article 6.
  6. Whether the forcible breakup of the protest violated the right to freedom of assembly under Article 11.
  7. Whether the confiscation and destruction of protesters' belongings without compensation violated the right to property under Article 14.
  8. Whether the denial of adequate medical care to injured protesters violated the right to health under Article 16.
  9. Whether the separation of families during the dispersal violated the right to family protection under Article 18.
  10. Whether the treatment of protesters constituted discrimination based on race, national origin, or immigration status under Article 2.

Orders

  • Communication declared admissible.
  • Violation of Articles 1, 4, 5, 11 and 14 of the African Charter found.
  • Violation of Article 2 found only in relation to the fourth victim.
  • Violation of Article 5 found in relation to denial of access to bodies of deceased loved ones and failure to provide effective remedy.
  • Violation of Article 16 found only in relation to the fourth and seventh victims.
  • Violation of Article 18 found as it relates to the negative obligation on the State.
  • No violation of Article 6 found.
  • Respondent State ordered to reopen investigations into the violations and hold commanding officers accountable.
  • Respondent State ordered to provide compensation to all victims in accordance with national laws.
  • Respondent State ordered to revise laws relating to police and regulation of assemblies to bring them in line with the African Charter, particularly the Egyptian Police Act 109 of 1971.
  • Respondent State requested to report to the Commission within 180 days on measures adopted to implement the decision.

Rules and key headnotes

Right to Life — State Duty to Protect — Use of Force by Law Enforcement
The right to life under Article 4 of the African Charter imposes three obligations on States: to refrain from unlawful killing, to take measures to protect life and prevent violations, and to carry out thorough, prompt and impartial investigations in the event of violations. Law enforcement operations must be planned and carried out in a manner which limits the danger of recourse to the use of force, and force may be used only to stop an imminent threat of death or serious injury.
Right to Life — Duty to Investigate — Command Responsibility
Where it is not possible to identify specific perpetrators of killings by state agents operating within a command structure such as the police, the commander who issued the orders must be held accountable. Failure to do so allows total impunity and violations to go unpunished. Leaving investigations of grave violations such as killings to internal police investigation does not provide the required guarantees of impartiality and independence.
Freedom of Assembly — Dispersal of Assemblies — Use of Force
Even if acts of violence occur during assemblies, participants retain their rights to bodily integrity and other rights, and force may not be used except in accordance with the principles of necessity and proportionality. The use of force is an exceptional measure and resort to force must only be made if and when other, less harmful means of de-escalation have failed. Law enforcement officials must differentiate between peaceful assembly participants and those who engage in violent acts.
Prohibition of Torture and Ill-Treatment — Harassment as Discrimination
Verbal abuse by state officials that includes racist statements, derogatory remarks, and negative stereotyping constitutes hate speech meant to impair the dignity of victims and amounts to discriminatory treatment prohibited under Article 2 of the African Charter. Such harassment does not require a comparator test to establish discrimination.
Detention of Refugees and Asylum Seekers — Lawfulness and Proportionality
Under international law, states have the right to detain refugees, asylum seekers, and irregular migrants for migration-related reasons in limited circumstances, including to verify identity and determine asylum claims. However, such detention must be necessary, reasonable, and proportionate to a legitimate government objective. Detention is not arbitrary where it serves the purpose of initial identification and documented refugees are released promptly once their status is confirmed.
Right to Property — Deprivation and Compensation
The right to property under Article 14 of the African Charter includes the right to have access to one's property and the right not to have property removed. Where the State permanently deprives individuals of their property, even if justified by public health concerns, it has a duty to provide adequate compensation determined by an impartial tribunal of competent jurisdiction.
Right to Health — State Obligations for Detainees
The responsibility of the State to ensure access to medical care is heightened where an individual is in State custody and their integrity and well-being is completely dependent on the authorities. Prisoners and persons deprived of liberty must have access to conditions of detention consistent with human dignity and the highest attainable standard of health. Provision of some medical care that is inadequate to guarantee health constitutes a violation of Article 16 of the African Charter.

Legislation cited (20)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • 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 11
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 18
  • African Charter on Human and Peoples' Rights Article 56
  • Egyptian Police Act 109 of 1971 Article 102
  • 1951 UN Convention relating to the Status of Refugees Article 1
  • 1951 UN Convention relating to the Status of Refugees Article 7
  • 1951 UN Convention relating to the Status of Refugees Article 13
  • 1951 UN Convention relating to the Status of Refugees Article 26
  • 1951 UN Convention relating to the Status of Refugees Article 28
  • 1951 UN Convention relating to the Status of Refugees Article 31
  • OAU Convention Governing Specific Aspects of Refugee Problems in Africa Article III
  • OAU Convention Governing Specific Aspects of Refugee Problems in Africa Article VIII
  • United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Article 16

Cases cited (20)

  • Free Legal Assistance Group and Others v Zaire (Communications 25/89, 47/90, 56/91, 100/93)
  • Rencontre Africaine pour la Défense des Droits de l'Homme v Zambia (Communication 71/92)
  • Amnesty International and Others v Sudan (Communication 48/90-50/91-52/91-89/93)
  • Monim Elgak and Others v Sudan (Communication 379/09)
  • Institute for Human Rights and Development in Africa v Guinea (Communication 249/2002)
  • Zimbabwe Lawyers for Human Rights and IHRDA v Zimbabwe (Communication 29/04)
  • Nubian Community in Kenya v Kenya (Communication 317/06)
  • Kenneth Good v Botswana (Communication 313/05)
  • Egyptian Initiative for Personal Rights and INTERIGHTS v Egypt (Communication 323/06)
  • Curtis Doebbler v Sudan
  • Noah Kazingachire and Others v Zimbabwe (Communication 295/04)
  • Union interafricaine des droits de l'Homme and Others v Angola (Communication 159/96)
  • Media Rights Agenda and Others v Nigeria (Communication 105/93-128/94-130/94-152/96)
  • Institute for Human Rights and Development in Africa v Angola (Communication 292/04)
  • Abdolkhani and Karimnia v. Turkey
  • Campbell and Cosans v UK
  • A v Australia (Communication 560/1993)
  • Danyal Shafiq v Australia (Communication 1324/2004)
  • Delfi As v Estonia (Application 16/06/2015)
  • Sir Dawda Jawara v. The Gambia

Full judgment

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George Iyanyori Kajikabi v Arab Republic of Egypt (Communication 344-07) [2021] ACHPR 528 (20 October 2021)
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.