18(3) discussed above. Suffice to say that the Respondent State has failed
to conduct an effective investigation into the alleged acts of inhuman and
degrading treatment and no diligent attempts have been made to hold
anyone accountable.
207.
The African Commission would also like to accentuate the fact that, being
a party to the African Charter, the Respondent State has an obligation to
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prohibit inhuman and degrading treatment under Article 5 of the Charter.
Furthermore, since the Respondent State has acceded to the Convention
against Torture,73
it has formally accepted the Convention and is
therefore bound by it. Even though Article 13 of the Convention Against
Torture does not specifically mention inhuman and degrading treatment,
it provides that “…... Steps shall be taken to ensure that the complainant
and witnesses are protected against all ill-treatment or intimidation as a
consequence of his complaint or any evidence given.”
208.
The African Commission notes that the Respondent State is also a party to
the ICCPR,74 whose Article 7 provides that, “No one shall be subjected to
torture or to cruel, inhuman or degrading treatment or punishment.” The
Victims in the present Communication were not only subjected to illtreatment, but intimidated to withdraw their Complaints. The Respondent
State therefore owed an obligation to the Victims to effectively investigate
the acts of ill-treatment that impacted on their dignity and punish the
perpetrators accordingly. Failing to do so only amounted to an
infringement of the rights of the Victims under Article 5 of the Africa
73
The Respondent State Acceded to the Convention on 25 June 1986.
74
The Respondent State Egypt ratified the ICCPR on 14 January 1982.
60
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