A/HRC/25/60/Add.2
calls on the Government to undertake effective measures to protect the rights and freedoms
of all persons, including the right to freedom of peaceful assembly, and to prevent the
recurrence of such acts.
(e)
JUA 25/11/2013 Case No. EGY 15/2013 State reply: None to date Alleged arbitrary
detention, torture and denial of medical treatment for Mr. Ahmed Hassan Al-Din.
51.
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 refers to the alleged arbitrary detention, solitary
confinement, torture and denial of medical care of Mr. Ahmed Hassan Al-Din who, at the
time the communication was sent, remained detained in unhygienic conditions in Tora
prison in Aqrab. The Special Rapporteur expresses serious concern about the mental and
physical integrity of Mr. Al-Din in view of allegations that he continues to remain held in
an unhygienic condition and has been threatened with more beatings as a consequence of
his hunger strike and refusal to take liquids. In this context, and with respect to the
allegations according to which Mr. Al-Din was subjected to beating and humiliation while
in detention, the Special Rapporteur draws the attention of Government to 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 nonderogable prohibition of torture and other cruel, inhuman or degrading treatment or
punishment.” In view of the allegations according to which Mr. Al-Din was placed in an
isolated cell, the Special Rapporteur draws attention to paragraph 6 of General Comment 20
of the Human Rights Committee. It states that prolonged solitary confinement of the
detained or imprisoned person may amount to acts prohibited by article 7 [on the
prohibition of torture and other cruel, inhuman or degrading treatment or punishment] of
the International Covenant on Civil and Political Rights (adopted at the 44th session of the
Human Rights Committee, 1992). In this regard, he recalls that article 7 of the Basic
Principles for the Treatment of Prisoners provides that “efforts addressed to the abolition of
solitary confinement as a punishment, or to the restriction of its use, should be undertaken
and encouraged.” (Adopted by the General Assembly by resolution 45/111 of 14 December
1990). The Special Rapporteur reiterates that the Committee against Torture and the Human
Rights Committee have consistently found that conditions of detention can amount to
inhuman and degrading treatment. Furthermore, the Special Rapporteur reminds the
Government that Rule 22(2) of the Standard Minimum Rules for the Treatment of Prisoners
provides that “Sick 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 “The 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.”
(Approved by the Economic and Social Council by resolutions 663 C (XXIV) of 31 July
1957 and 2076 (LXII) of 13 May 1977) No evidence having been provided to the contrary,
the Special Rapporteur is of the view that the rights of Mr. Ahmed Hassan Al-Din have
been violated. The Special Rapporteur calls on the Government to undertake a prompt,
impartial, and effective investigation of the alleged acts of torture and cruel, inhuman or
degrading treatment or punishment, leading to prosecution and punishment of the
perpetrators, and to provide redress to Mr. Ahmed Hassan Al-Din.
35
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