Alleged violation of Article 5 (Prohibition of Torture and Cruel, Inhuman and
Degrading Treatment)
181.
Article 5 of the African Charter states that:
Every individual shall have the right to the respect of the dignity inherent in a
human being and to the recognition of his legal status. All forms of exploitation
and degradation of man particularly slavery, slave trade, torture, cruel and
182.
AC
HP
R
inhuman or degrading punishment and treatment shall be prohibited.
The Complainants argue that the treatment received by the Victims on 25
May 2005 amounted to a violation of their dignity and to inhuman and
degrading treatment. They sustain that the Victims were physically and
verbally assaulted, sexually assaulted and abused during the protest,
adding that there was a violation of their dignity because the assaults
were severe and gravely humiliating, in violation of Article 5 of the
African Charter.
183.
The Complainants further submit that since the State authorities failed in
their obligation to protect the Victims from sexual harassment, assault,
abuse and harm from NDP supporters and members of the Riot police, it
failed in its positive obligation to prevent cruel, inhuman and degrading
treatment and investigate the allegations impartially.
184.
The Respondent State does not provide any substantial arguments to
contend the allegations of the Complainants that the treatment subjected
by the Victims was inhuman and degrading. It only submits that “The
Egyptian society rejects any form of degrading or inhuman treatment.”
Concerning failure to investigate, the Respondent State argues that
investigations were carried out by the PPO after the incident which
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