Mohammed Abderrahim El Sharkawi (represented by EIPR and OSJI) v. the Republic of Egypt - 396/11


Decision of the Commission on the Merits and Reparations

355. In light of the foregoing, the African Commission on Human and Peoples’ Rights:

I. Finds the Respondent State in violation of Articles 1, 5, 6, 7 (1) (a), 7(1) (b), 7(1)(c), 7 (1) (d), 8, 16, 18 (1), and 26 of the African Charter;

II. Requests the Respondent State to take all necessary measures to put in place preventive safeguards to avoid the recurrence of similar violations, and ensure that Emergency Law No. 162 of 1958, Articles 126 and 129 of the Egyptian Penal Code, and the Egyptian Criminal Procedure Code, and all other relevant laws and practices are brought into conformity with the African Charter, UNCAT, the Robben Island Guidelines, the Principles and Guidelines on the Right to Fair Trial, the Luanda Guidelines, and General Comment No. 4 on the Right to Redress for Victims of Torture and other

Ill-treatment in Africa; III. Requests the Respondent State to acknowledge the violations suffered by the Victim, accept responsibility, and issue a public apology;

IV. Requests the Respondent State to pay adequate compensation to the Victim in the amount of 1 million Egyptian Pounds (approximately USD140, 000at the time of filing), being the minimum found to be a reasonable quantum regarding the harm and damage caused to the Victim;

V. Urges the Respondent State to investigate the violations through an independent commission of inquiry, and prosecute those responsible;

VI. Requests the Parties to inform the Commission, within one hundred and eighty (180) days, of the measures taken to implement the present decision in accordance with Rule 112 (2) of the Rules of Procedure of the Commission(2010); and VII. Avails its good offices to facilitate the implementation of this decision.

Adopted during the 66 th Ordinary Session of the African Commissionon Human and Peoples’ Rights, held virtually from13 Julyto07August 2020