Subaie v Arab Republic of Egypt (Communication 612 of 2016) [2018] ACHPR 138 (6 March 2018)

l l L-- AFRICAN UNION .lb. I,, ~J~' African Commission on Human & Peoples· Rights @ UNION AFRICAINE - UNIAO AFRICANA Commission Africaine des Droits de l'Homme & des Peuples 31 Bijilo Annex layout, Kombo North District, Western Region,P. 0. Box 673, Banjul, TheGambia Tel: (220) 441050514410506; Fax: (220) 4410504 E-mail: au-banju/({j)Rfrtca-union. ora: Web www. ectux.ora -- - I Communication 612/16 Ahmed Mohammed<Aly sli~iJ-ie<> _.. .· .. ·>>'.-. ''·-''·'·'· . ' . . . :_.·' ,,·.· . .. :Arab Republic of Egypt A.doped by the Afric111ro Cownwsion oo Huma etnd Poopla' R?.gl~t& dmng the 6(1& Onlmary &saion)fr'@m @~to 2P May 2@1'1 NimtrltJJ~ Niger Decision of the African Commission on Human and Peoples' Rights on Strike-out Communication 612/16 -Ahmed Mohammed Aly Subaie v. Arab Republic of Egypt Summary of the Complaint: 1. The Secretariat of the African Commission on Human and Peoples' Rights · rch 2016 from the an Rights OHR), n, and one other alf of Ahmed (the Secretariat), received a complaint on 23 Organisation of European Alliance (AED), Jus · Aman Organisation, Khadija Mohammed i. individual who sought anonymity (the Complai Mohammed Aly Subaie (the Victim). -, -, r , 2. The Complaint is submitted agai State), State Party to the Afric African Charter).' "hart 3. The Complainants provid Respondent State, "violated all hum Egyptian socie'"'"'~'"'i.; "coup". 4. The Compla segregation the political situation in the 13, which they allege a specific sector of the ed is that which opposed the ' aders committed discriminatory ptians through killing, enforced son inmates". They further allege that the ramses fair trial rights. the Victim is amongst many Egyptians whose the Respondent State. The Complainants indicate that 975, and is married with two children. inants a er that the Victim was abducted on 4 October 2013 and prived of minimum detainee rights, denied a lawyer, and al judge to conduct the trial". 5. 6. 7. The Complainants allege that the "coup authority" fabricated many charges against the Victim in relation to organising the Rabi'a sit-ins, in Case Number 5 of 2014 Criminal Supreme State Security and 2210 of 2014 Criminal El Agouza. The Complainants state that the fabricated charges include false rumours about the internal situation of the country; spreading false images of deaths and injuries of protestors; false broadcast to stir up public opinion at home and abroad about the situation in Egypt; incitement against state 1 Egypt ratified the African Charter on Human and Peoples' Rights (the African Charter) on 20 March ,~~~:~;,~g;,:~\ · ((,(I~'),;~', '.;·. \, \~~'0_ ·~ ...... \ .l\'J-UA/ 6' I .... ~~<{7J<';)~c~ / .v ~;;.·R!CP.\N(. \::,'Z)j ETots~; --·.::-:,· .. - institutions, armed forces and the police; "the use of websites as a means of communication"; and belonging to an outlawed group. 8. The Complainants submit that on 11 April 2015, 14 people were sentenced to death by hanging and 37 others were sentenced to life imprisonment, including the Victim. They add that on 2 December 2015, the Court of Cassation overturned the Criminal Court's decision and ruled that the case be referred to another department so it could be separated. 9. The Complainants submit that the Victim was subjected to "the worst kind of torture in Scorpion Prison", a high security Prison also known as "the ictim was detained cemetery of prisoners". The Complainants aver bed. He slept on "in a tiny isolation cell with poor ventilation, ted from being the floor.... He was denied food for seve visited, denied medication, ... and denied any contact with his fa de 10. The Complainants allege that the was injured following his ar if. re because he r of medical months, and when ~. a number ofr 12. The Compla visitation for several by his family, there were ation means to exhaust domestic possible". They indicate that the ish all those who participated in ts allege violation of Articles 1, 2, 3, 4, 5, 6, 7, 8 and 19 of the Prayers: 15. The Complainants request the African Commission on Human and Peoples' Rights (the African Commission) to: a. Request an order of urgency to compel the Egyptian regime to halt all forms of torture and to release the victim promptly; b. Rule that the Egyptian regime is discriminatory because it has committed crimes of racial segregation, mass killings of human beings; enforced disappearance; crimes of eliminating the indigene; torturing of the oppositions; violation of rights of prisoners; violating rights of women and children; violating rights of detainees and denying them justice; c. Decide that the Egyptian authorities must comply by ending all these crimes and all the practices they carry out against humanity. And prosecute persons responsible for the fabricated charges, the enforced disappearance and torture; d. Rule that the Egyptian authorities must award for all that has been committed against hi amount of fifty million U. S. Dollars; and e. Ask for the formation of an inter integrity to be based outside Eg others because the Egyptian ·, principles of universal justi, nd m impartiality. pensation in the and Procedure: 16. The Secretariat receipt of the ch 2016, and acknowledged '1nt and seized the Communication rom 6 to 20 April 2016, in Banjul, The d by letter and Note Verbale dated 19 April 2016 also requested the Complainant to issions on the Admissibility of the Communication within · ation (that is, 19 June 2016) in accordance with Rule · " ·1·: bale and letter dated 23 June 2016, the parties were informed of re Communication following the Commission's 20th Extra Ordinary Session, held from 9 to 18 June 2016, in Banjul, The Gambia. The letter to the Complainants again indicated that consideration of the Communication was deferred pending receipt of their Submissions on Admissibility. 19. The parties were informed of the status of the Communication following the Commission's 59th Ordinary Session, held from 21 October to 4 November 2016, and the 21st Extra-Ordinary Session, held from 23 February to 4 March 2017, by Notes Verbale and letters dated 15 November 2016 and 16 2017 respectively. The said letters again reminded the Complain ~' ,,~Jh~itr'4~";)fi>. .. -. I.~e:~~~ ... , ~.,/'., ... ~:JN ~"::1~11 il,11,~"~-"' -, ~:('');\). '~~!i~~~~~~~i/ \~~ ~~~" ·- -. , AU-U!\ _,/ ~·~ J 'r\ ·.·::-~~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~·~:~~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~·~;~..::;~:-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~·~;_~i:~;~~~:~~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~-~:_.;:;~~:::: il ii consideration of the Communication was deferred pending Submissions on Admissibility. receipt of their 20. On 12 April 2017, one of the Complainants was given the hard-copies of the letters dated 15 November 2016 and 16 March 2017 for which he signed to acknowledge receipt. Analysis of the African Commission on Strike-out: 21. Rule 105 (1) of the Rules of Procedure of the Commission, establishes that it shall unication, ibility within two when the Commission has decided to be seized o request the Complainant (2) months. to present argument 22. Rule 113 of the Commission's is fixed for a particular su for extension of t deadline Commission grant an extension of time for Complainant has not requested for an ex 24. Consequently . en a ission may , onth. the sufficient information upon Admi sibility of the Communication. 25. The Commiss diligent prosec A . argflryan had in such ins~c uck-out Communications for lack of · by the Com~Jainants, including in Communication 407/11- ur Sarg J!n v. Republic of Kenya, Communication 387/10 Communication 427/12 - SERAP (on behalf of 26. In view e above, the Commission decides to strike out the on for lack of diligent prosecution. Done in Niamey, Republic of Niger this 6Qth Ordinary Session held from 8 to 22 May2017