197.
In their submissions, the Complainants give instances of inhuman and
degrading treatment that the Victims were subjected to, and which this
Commission has analysed above.67
198.
The Respondent State has not denied the allegations presented by the
Complainants. It only states that “the Egyptian society rejects any form of
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degrading or inhuman treatment.” In addition, it argues that the
investigation carried out by the PPO concluded the existence of „sexual
molestation.‟ This raises the question whether sexual molestation is not
„inhuman and degrading‟ to qualify as a violation under Article 5 of the
African Charter. Is it not tantamount to sexual humiliation, especially with
the use of degrading references such as whore and slut?
199.
In John K. Modise v Botswana, the African Commission held that the acts
suffered by the Victim “Exposed him to personal suffering and indignity
in violation of the right to freedom from cruel, inhuman or degrading
treatment guaranteed under Article 5 of the Charter.”68 Even though the
acts in this Communication cannot be compared to the acts in John K.
Modise v Botswana there is an aspect of indignity.
200.
In Campbell and Cosans v UK, the European Court stated that,
“‟treatment‟ itself will not be „degrading‟ unless the person concerned has
undergone - either in the eyes of others or in his own eyes - humiliation or
67
68
See generally, the Commission‟s analysis under Articles 2, 3, and 18(3) of the African
Charter, and specifically paragraphs 131 to 136 outlining the testimonies of the Victims.
Communication 97/93-John K. Modise v. Botswana (2000) ACHPR,para 91
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