such differentiation are reasonable and objective and if the aim is to
achieve a purpose which is legitimate under the Covenant.”40
147.
Can the differentiation of treatment of the Victims in the present
Communication be classified as reasonable and legitimate as expressed by
the UN Human Rights Committee?
It follows that, the principle of equality or non-discrimination does not
AC
HP
R
148.
mean that all differential treatments and distinctions are forbidden
because some distinctions are necessary when they are legitimate and
justifiable.
149.
Looking at the arguments of the parties in this Communication, the
African Commission is of the opinion that the treatment was neither
legitimate, nor justifiable because there is no reasonable cause behind the
discrimination that was inflicted upon the Victims.
150.
Furthermore, in addition to the statements made by the Victims, a
statement made by a woman named Rabab al-Mahdy41 in the
Complainants‟ submissions corroborated the sexual harassment inflicted
on them. She stated: “The thugs started beating and assaulting me. They
put their hands up my clothes, and fondled all my sensitive areas under
the eyes of the officers. “42
40
Human Rights Committee, General Comment 18, Non-discrimination (Thirty-seventh session,
1989), Compilation of General Comments and General Recommendations Adopted by
Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 26 (1994). Para 13.
41
Aida Seif el-Dawla was also participating in the demonstrations.
42
Annexure “G”, “Translations of extracts of witnesses’ statements made to the prosecutors and to
Al-Nadim Center”- Statement of Rabab al-Mahdy to Al-Nadeem Cente.
42
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