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 52

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