A/HRC/25/60/Add.2
investigation whenever there are reasonable grounds to believe that torture has been
committed, and Article 7 of the CAT, which requires State parties to prosecute suspected
perpetrators of torture. The SRT draws attention to paragraph 6b of Human Rights Council
Resolution 8/8, which requires the competent national authorities to undertake a prompt and
impartial investigation wherever there are reasonable grounds to believe that torture has
been committed, and require State parties to hold those who perpetrate acts of torture
responsible. The Arab Republic of Egypt should take note in this respect of the Principles
on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the Istanbul Principles) as a useful tool in efforts to
combat torture. In addition the Special Rapporteur reiterates paragraph 18 of the General
Comment No. 2 of the Committee against Torture (CAT/C/GC/2, 24 January 2008), where
the Committee has made clear that where State authorities or others acting in official
capacity or under colour of law, know or have reasonable grounds to believe that acts of
torture or ill-treatment are being committed by non-State officials or private actors and they
fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State
officials or private actors consistently with the Convention, the State bears responsibility
and its officials should be considered as authors, complicit or otherwise responsible under
the Convention for consenting to or acquiescing in such impermissible acts. The State’s
indifference or inaction provides encouragement or de facto permission. The Special
Rapporteur reminds the Arab Republic of Egypt of paragraph 1 of Human Rights Council
Resolution 16/23, which “Condemns all forms of torture and other cruel, inhuman or
degrading treatment or punishment, including through intimidation, which are and shall
remain prohibited at any time and in any place whatsoever and can thus never be justified,
and calls upon all States to implement fully the absolute and non-derogable prohibition of
torture and other cruel, inhuman or degrading treatment or punishment.” The Special
Rapporteur calls on the Government to undertake a prompt and independent investigation
into the anti-Morsi protesters’ alleged torture while held hostage in the premises of the
Presidential Palace, and the delayed response by police, leading to prosecution and
punishment of all those responsible, and to provide full redress to the victims.
(b)
JUA 17/04/2013 Case No. EGY 6/2013 State Reply: None to date Alleged torture of Mr.
Ahmad Allam Mohamed Hefny, and a confession extracted and used in trial derived from
that torture.
48.
The Special Rapporteur regrets that the government of Egypt has not responded to
this communication, thereby failing to cooperate with the mandate issued by the Human
Rights Council. The communication referred to the alleged torture and ill-treatment of Mr.
Ahmad Allam Mohamed Hefny, who was tried in absentia and sentenced to life
imprisonment by the Egyptian Supreme State Security Court for his alleged involvement in
an attack on the Al-Arish II police station that took place on 29 July 2011. Mr. Hefny was
allegedly subjected to torture and ill-treatment at the National Security headquarters in AlArish for three consecutive days, through beatings, kicking, punching, raping with a
wooden stick, and electrocution. Allegedly he was tortured until a confession was extracted.
It is reported that the court did not open an investigation into these allegations because they
were raised by the victim but not officially by his lawyer. It is reported that these forced
confessions constituted the primary evidence against Mr. Hefny during the hearing on 22
April 2013. It is further reported that Mr. Hefny began a hunger strike in objection to the
torture and ill-treatment he has received in prison, which has severely affected Mr. Hefny’s
health. In retaliation, the prison restricted Mr. Hefny’s access to bedding and moved him to
a two-by-one meters cell without ventilation nor access to electricity, water, or toilets for at
least one week. Mr. Hefny has not been examined by doctors nor sent to the prison hospital
since his arrest. He reportedly remained without access to medication or medical treatment
as of the date of the communication, despite being unable to walk due to the torture. On 11
September 2012, the Special Rapporteur on the independence of judges and lawyers, the
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