The prohibition of torture and arbitrary detention. The African Commission on Human and Peoples’ rights assesses the consistency of Egypt’s legal system with the obligations under the African Charter

The paper analyses the recent decision by the African Commission on Human and Peoples' rights on the communication n. 396-2011 filed by the Egyptian Initiative for Personal Rights and the Open Society Justice Initiative, on behalf of Mr. El-Sharkawi, against the Republic of Egypt. The decision at stake provided a deep investigation of the consistency of the respondent State's legal system with the obligations stemming from the prohibition of torture and arbitrary detention under the African Charter on Human and Peoples’ Rights and the other relevant international instruments.