African Human Rights CLA 2.0

AFRICAN UNION

UNION AFRICAINE

Africa,n Committee of Experts on the Rights
.and Welfare of th,-e Child (ACERWC)

comite Africain d'Experts sur

/es D,roits et /e

Bien-etr:e de !'Enfant (CAEDBE}

/'tn./tfrica Fft for Children

UNlAO AFRICANA

P.0.Box3243 Rooseve[tStreet{Oid Airport.Area),W211<19, Addis Ababa, Ethiopia
Telephone: (+ 25:1.:1.}55:1.3522 lntemet:http:lfacerwc.orq
Fax: (+ 25:1. :1.)55357:1.6

THE AFRICAN COMMITIEE OF EXPERTS ON THE RIGHTS AND WELFARE OF
THE CHILD {ACERWC)

ADMISSIBILITY RULING Communication
N2: No. 008/Com/002/2016
Decision on Admissibility N2:001/2017

AUTHOR: Sohaib Emad represented by advocate Dalia Lotty and Samar Emad
AGAINST: Government of Arab Republic of Egypt

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Info
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002/2016 - Dalia Lotfy (on behalf Sohaib Emad) v Egypt

ACERWC Decision

Type of Document

Ruling

Keywords

Arbitrary Arrest and Detention
Best Interest of the Child
Cruel and Degrading Treatment
Rights and Welfare of the Child

Case Head Notes: Sohaib Emad is an Egyptian born on 12 December 1998 and resides in Mansoura City. At the time of his arrest, he was aged 15 and was attending secondary school in AI Terraa Street, in Mansoura City. 4. The Complainants allege that Sohaib took part in demonstrations on the 20141 anniversary of the 2011 January uprising. Consequently on 11 February 2014, Sohaib Emad was arrested at his house without being informed of any charges and taken to Mansoura Police Station.He remained in the police station for 40 days. He had no access to a lawyer and family members for the first four days. He was allegedly subjected to beating including kicks and punches in different parts of his body and face to force him to admit to being a member of a gang involved in, burning police vehicles, possession of Molotov cocktails and targeting police officers and academics to kill them.

State Accused

Egypt

Outcome

Ruled Inadmissible

Year Decided: May 31, 2017

Duration of Procedure: Mar 31, 2016 ~ May 31, 2017

Primary Documents

Dalia Lotfy on behalf Sohaib Emad V. The Government of the Arab Republic of Egypt.pdf
english
ML TOC
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African Charter on the Rights and Welfare of the Child

Treaty

ACERWC Revised Guidelines for the Consideration of Communications - 2014

2) Determination of Admissibilityi. For the purpose of determining the admissibility of a Communication, the Committee shall, without prejudice to anonymity, transmit a copy of the Communication to the respondent State Party

ACERWC Softlaw

African Charter on the Rights and Welfare of the Child

ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.

Treaty

African Charter on the Rights and Welfare of the Child

ARTICLE 45: INVESTIGATIONS BY THE COMMITTEE1. The Committee may, resort to any appropriate method of investigating any matter falling within the ambit of the present Charter, request from the States Parties any information relevant to the implementation of the Charter and may also resort to any appropriate method of investigating the measures the State Party has adopted to implement the Charter.2. The Committee shall submit to each Ordinary Session of the Assembly of Heads of State and Government every two years, a report on its activities and on any communication made under Article [44] of this Charter. 3. The Committee shall publish its report after it has been considered by the Assembly of Heads of State and Government.4. States Parties shall make the Committee’s reports widely available to the public in their own countries.

Treaty

1969 Vienna Convention on the Law of Treaties

(c) In cases not falling under sub-paragraphs (a) and (b), the reservation is incom patible with the object and purpose of the treaty.

UN Document

ACERWC Revised Guidelines for the Consideration of Communications - 2014

SECTION VII PROVISIONAL MEASURES 1) General Provisions (i) Where the Committee considers that one or more Communications submitted to it or pending before it reveal a situation of urgency, serious or massive violations of the African Children’s Charter and the likelihood of irreparable harm to a child or children in violation of the African Children’s Charter may, either on its own initiative or at the request of a party to the proceedings, request the State Party concerned to adopt Provisional Measures to prevent grave or irreparable harm to the victim or victims of the violations as urgent as possible. (ii) After the request for Provisional Measures has been transmitted to the State Party, the Committee shall transmit a copy of the letter requesting Provisional Measures to the victim, the Assembly, Peace and Security Council and the African Union Commission

ACERWC Softlaw

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

06/12 African Commission on Human and Peoples' rights v Kenya

AfCHPR

03-16 John Lazaro v Tanzania (Order of Provisional Measures)

AfCHPR

App. No. 004/2011 – African Commission on Human and Peoples’ Rights v. Great Socialist People’s Libyan Arab Jamahiriya

AfCHPR

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

African Charter on the Rights and Welfare of the Child

Treaty

ACERWC Revised Guidelines for the Consideration of Communications - 2014

ACERWC Softlaw

African Charter on the Rights and Welfare of the Child

Treaty

ACERWC Revised Guidelines for the Consideration of Communications - 2014

d) The Communication is submitted after having exhausted available and accessible local remedies, unless it is obvious that this procedure is unduly prolonged or ineffective;

ACERWC Softlaw

002/2009 IHRDA (on behalf of Children of Nubian Descent) v Kenya

ACERWC Decision

25/89 Free Legal Assistance Group and Others v Zaire

ACmHPR Decision

ACERWC Revised Guidelines for the Consideration of Communications - 2014

d) The Communication is submitted after having exhausted available and accessible local remedies, unless it is obvious that this procedure is unduly prolonged or ineffective;

ACERWC Softlaw

299/05 Anuak Justice Council v Ethiopia

ACmHPR Decision

ACERWC Revised Guidelines for the Consideration of Communications - 2014

ACERWC Softlaw

African Charter on the Rights and Welfare of the Child

Treaty