and that not all the information that they provided was considered or
written down. They further contend that the instances detailed in the
Respondent State‟s submission does not discharge it from its obligation to
investigate human rights violations because the omission is not material
enough to constitute a bar, by the victims, to an effective investigation.
105.
The Complainants submit further that, the Respondent State placed too
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much reliance on the formal statements that the Victims made to the PPO
and failed to have any regard to the context and circumstances within
which the statements were made. The Complainants also attempt to
clarify the discrepancies mentioned by the Respondent State in their
additional submissions on the Merits:24
i. On the discrepancy concerning the Second Victim‟s omission to
mention to the PPO that the wife of Mr. El Deeb led the
demonstrations against them and that she was sprayed in the face
by an Assailant, the Complainants submit that according to the
Second Victim, the PPO did not record all the information provided.
The Complainants indicate further that, according to the Second
Victim, she spent a lot of time waiting for her statement to be taken
by the PPO and that when it was finally taken, they did not make
any record of evidence that she submitted; including CDs
containing pictures and her torn clothes;
24
See generally, the Complainants‟ additional submissions on the Merits, paras 12 to 16, and
the affidavits in the Merits submissions of the Complainants of three of the Victims
contained in Annexure E: para 21, Second Victim, Abir Al-„Askari‟, paras 19-25, Third
Victim, Shaimaa Abou Al-kheir‟s, & Para 17-19, Iman Taha Kamel, Fourth Victim.
29
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