47.
The Complainants submit further that the Communication complies
with Article 56 (4) of the African Charter because it is based on
information provided by the Victims and not by media reports.
48.
Concerning Article 56 (5) of the African Charter, the Complainants
submit that investigations were not properly undertaken by the police
which led to a decision not to prosecute from the Cairo PPO on 17
AC
HP
R
December 2005. The Complainants aver that the Victims reported the
alleged incidences to the police after the alleged assault on the 25 May
2005, but the police was unwilling to interview potential witnesses, take
down statements, or assist them in any way.2
49.
The Complainants submit that three of the four Victims appealed to the
Cairo PPO to prosecute the perpetrators, but the Appeals Court rejected
the appeals on 1 February 2006. They also submit that the Fourth Victim
lost her right of appeal for failing to lodge it within 10 days due to
pressure and threats that she allegedly received. They state that all the
Victims have been left with no further effective or available remedy.
50.
The Complainants submit that available remedies in Egyptian Law are
criminal or civil. They aver that none of the Victims pursued solely civil
remedies, and two of them asked for temporary civil compensation as part
of their criminal proceedings. They also submit that pursuing separate
civil action is not necessary and that criminal remedy is the most
appropriate for sexual violations and physical assaults allegations.
2
Complainants submission on the Admissibility brief, para 18.
11