A/HRC/25/60/Add.2
government 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.” In addition, article 12 of the CAT and
paragraph 7b of Human Rights Council Resolution 16/23, require the competent authorities
to undertake a prompt and impartial investigation wherever 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. With regard to the allegations
concerning the denial of medical treatment, the Standard Minimum Rules for the Treatment
of Prisoners Rule 22(2) provides that, “(s)ick prisoners who require specialist treatment
shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities
are provided in an institution, their equipment, furnishings and pharmaceutical supplies
shall be proper for the medical care and treatment of sick prisoners, and there shall be a
staff of suitable trained officers. Furthermore, Rule 25(1) provides that, “(t)he medical
officer shall have the care of the physical and mental health of the prisoners and should
daily see all sick prisoners, all who complain of illness, and any prisoner to whom his
attention is specially directed.” The Special Rapporteur calls on the Government to
undertake a prompt and independent investigation of the alleged torture and ill-treatment of
Mr. Alaa Mohamed Hussein, leading to prosecution and punishment of the perpetrators and
to provide full redress to the victim.
(d)
JUA 06/08/2013 Case No. EGY 11/2013 State Reply: None to date Alleged excessive use
of force and killings of demonstrators by police forces.
50.
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. According to allegations, at least 81 protesters and police officers were
killed and thousands more injured in clashes between pro-Mohammed Morsi/Muslim
Brotherhood protesters and Egyptian police forces in Cairo in July 2013. While the
Government reported that police officers were only armed with tear gas, it is alleged that
most of the protesters killed were shot with live ammunition targeting their head or chest.
Following the incident, interim Government officials allegedly stated that Muslim
Brotherhood demonstrations were a “threat to national security” and ordered that all
necessary measures be taken to “confront these risks and put an end to them.” Allegedly,
this statement has led to serious fears that future peaceful protests might be met with
excessive use of force by police. The Special Rapporteur stresses that each government has
the obligation to protect the right to physical and mental integrity of all persons, as set forth
inter alia in the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights and the Convention against Torture. Articles 3 and 20 of the
UDHR provide that “everyone has the right to life, liberty and security of person,” and “the
right to freedom of peaceful assembly and association.” Additionally, the United Nations
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials establish
that officials shall “apply non-violent means before resorting to the use of force and
firearms,” and that force and firearms may only be used as a last resort when unavoidable,
and requires exercising the utmost restraint, minimizing injury and damage, and respecting
and preserving human life. In the absence of evidence to the contrary, the Special
Rapporteur concludes that the victims’ rights under international standards relating to the
prohibition of torture and cruel, inhuman or degrading treatment or punishment have been
violated. The Special Rapporteur calls on the Egyptian Government to clarify the
circumstances regarding the aforementioned incident, to conduct a prompt, independent and
effective investigation into the allegations, to prosecute and punish all perpetrators, and to
provide full redress to the victims and their family members. The Special Rapporteur also
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