Ahmed (represented by the Organization of European Alliance for Human Rights and Ors) v Egypt (Communication 615/16) [2018] ACHPR 140 (22 February 2018)

rete eer eee ce nn me mene ceeessenere na < - onsen “AFRICAN UNION UNION AFRICAINE <8} ola UNIAO AFRICANA African Commission on Human & Peoples’ Rights Commission Africaine des Droits de I'Homme & des Peuples 31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, TheGambia Tel: (220) 4410505 / 4410506; Fax: (220) 4410504 E-mail: au-banjul@africa-union.org; Web www.achpr.org Communication 615/16 Medhat Mohammed Bahieddin Ahmed (represented by the Organization of European Alliance for Human Rights and Ors) Egypt Adopted by the African Commission on Human and Peoples’ Rights during the 23" Extra-Ordinary Session, from 13 to 22" February 2018 Banjul, The Gambia ~ iy) "oS Zo ON Hoa Ae GECRETAR, ‘o ‘@). sesssssssessssessessssessssssansesesesenseeseeseste aA) Au- va de Commissioner Soyata Maiga \epekess a Chairperson of the African Commission on Human and Peoples’ Rights fr oes eS Dr. Mary Maboreke Secretary to the African Commission on Human and Peoples’ Rights Communication 615/16 - Medhat Mohammed Bahieddin Ahmed (represented by the Organization of European Alliance for Human Rights and Ors) v Arab Republic of Egypt Summary of the Complaint 1. Ds 3. 4. 5. 6. 7. The Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat) received a Complaint on 31 March 2016 on behalf of Mr. Medhat Mohammed Bahieddin Ahmed (the Victim), fro’ opean Alliance and others (the Complainants). ed orced disappearances, torture omen and children’s rights human rights violations were and falsification of allegations pressurize them to discontinue “ Authorities deprived people of their ing especially that of university lecturers stormed the house of the Victim, an Egyptian national, born in 1972, who is an English teacher. dyey allegedly broke all the household furniture and kidnapped him. The Complainants allege that the Victim was in hiding from 07 February 2016 until 14 February 2016 and no one knew about his whereabouts. It avers that the Victim’s family made efforts to look for him and did not find him until the security forces presented him to them in a hyped state. Thereafter, investigations were initiated and the Victim did not have access to a lawyer. On 24 February The Republic of Egypt ratified the African Charter on Human and Peoples’ Rights on 20 March, 1984 ———~ Lg ON HUM, A je" SECRETAR S (lo * > 2016, the public prosecutor released him, but the security forces forcibly took him again. Mr. Medhat Mohammed Bahieddin Ahmed’s whereabouts are still not known. 8. Regarding the need to exhaust domestic remedies, the Complainants submit that the exhaustion of domestic remedies after the coup and under the current regime has become absolutely impossible as the judiciary in Egypt is now compromised as it has subdued itself to the military rulers who are now ruling in the country. As a result, the Complainant alleges that the judges are not impartial and issue mplainant also alleges that unjustifiably harsh sentences against victims, any other international dispute s and that the Complaint has. with Article 56(6) of the Afr: been fil t 10. The Complairiant alle 5, 6,7, 8, 19, 60. Procedure 12. The Africa n issi “om: m from | man and Peoples’ Rights (the Commission) was the 58t Ordinary Session during the of ication 6 to 20 April 2016. e verbale dated 28 April 2016 the Complainant and the Respondent Si the decision Complainant was requested to present evidence and arguments on admissibility within two (2) months. fe) were informed of seized and the be to 14. By letter and note verbale dated 25 July 2016 the Complainant and the Respondent State were informed that the Communication was deferred during the Complainant's submissions on admissibility. Extra-Ordinary pending Session, receipt 20t the of 15. By letter and note verbale dated 23 November 2016 the Complainant and the Respondent State were informed that the Communication was deferred during the 59th Ordinary Session, pending receipt of the Complainant's submissions on admissibility. By the same communication, the Complainant was reminded to submit submissions on admissibility within one (1) month, failing which it would be struck out for lack of diligent prosecution. 16. By letter and note verbale dated 11 July 2017 the Secretariat informed the Parties that the Communication was deferred during 17. By note verbale dated 02 August 2017 August 2017, the Respondent State indicated that their submissions on admissibility within.1 frame and requested thirty (30) days Communication zed of a Communication, it shall request the rguments on Admissibility within two (2) months. 21. Rule 113 pr either party The Commission may (1) month. es that when a deadline is fixed for a particular submission, apply to the Commission for extension of the period stipulated. grant an extension of time for a period not longer than one 22. In this case, the Complainant was requested to present evidence and arguments on the admissibility of the Communication within two (2) months from the date of notification of the seizure decision, which had expired on 28 June 2016. However, the Complainant did not present any evidence and arguments within the stipulated time. The said period was extended by the Commission for a period of 30 calendar days and same had expired on the 23 December 2016. 23. During its 22nd Extraordinary Session which took place from 29 July to 07 August 2017, in Dakar, Republic of Senegal, the Commission decided, because it was not satisfied that the Complainant has received the earlier correspondences based on the evidence on record, to granted the Complainant a further period of 30 calendar days from the date of notification to submit evidence and arguments on the admissibility of the above mentioned Communication. 24. More than three (3) months have lapsed since the expiry of the last extended submitted by the Complainant is‘also evidence on record that er extension of time to period and no evidence and arguments have been on the admissibility of the Communication. Thére the Complainant has received the letter submit on admissibility. . In light of the above, the Commi: Allah v. the Arab Republic of yhammed Ali Subaie v. the Arab Jeurnal Echos du Nord v. Gabon Done at the 23'4 Extra-Ordin. ry Session of the Commission held in Banjul, The ‘ Gambia from 13 to 22 February 2018