(e)The establishment of a Human Rights Committee in 1999 with the mandate to study and propose ways and means of ensuring a more effective protection of human rights; (f)The establishment in 2000 of the Directorate General for Human Rights Affairs at the Ministry of Justice, whose functions are to assume responsibility for the fulfilment of the legal aspects of international obligations arising from human rights instruments, including the preparation of replies to international bodies, promote greater public awareness and provide training on these matters for members of the judiciary and the Department of Public Prosecutions; (g)The State party’s efforts to set up a national human rights commission. C. Factors and difficulties impeding the implementation of the Convention 40.The Committee is aware of the difficulties that the State party faces in its prolonged fight against terrorism, but recalls that no exceptional circumstances whatsoever can be invoked as a justification for torture, and expresses concern at the possible restrictions of human rights which may result from measures taken for that purpose. D. Subjects of concern 41.The Committee is concerned about the following: (a)The fact that a state of emergency has been in force since 1981, hindering the full consolidation of the rule of law in Egypt; (b)The many consistent reports received concerning the persistence of the phenomenon of torture and ill-treatment of detainees by law enforcement officials, and the absence of measures to ensure effective protection and prompt and impartial investigations. Many of these reports relate to numerous cases of deaths in custody; (c)The Committee expresses particular concern at the widespread evidence of torture and ill treatment in administrative premises under the control of the State Security Investigation Department, the infliction of which is reported to be facilitated by the lack of any mandatory inspection by an independent body of such premises; (d)The many reports of abuse of under-age detainees, especially sexual harassment of girls, committed by law enforcement officials, the lack of monitoring machinery to investigate such abuse and prosecute those responsible, and the fact that minors kept in places of detention have contact with adult detainees; (e)The reports received concerning ill-treatment inflicted on men because of their real or alleged homosexuality, apparently encouraged by the lack of adequate clarity in the penal legislation; (f)The continued use of administrative detention in Egypt; (g)The fact that victims of torture and ill-treatment have no direct access to the courts to lodge complaints against law enforcement officials; (h)The excessive length of many of the proceedings initiated in cases of torture and ill-treatment, and the fact that many court decisions to release detainees are not enforced in practice; (i)The legal and practical restrictions on the activities of non-governmental organizations engaged in human rights work; (j)The significant disparities in compensation granted to the victims of torture and ill-treatment. E. Recommendations 42. The Committee recommends that the State party: (a) Reconsider the maintenance of the state of emergency; (b) Adopt a definition of torture which fully corresponds to the definition in article 1, paragraph 1, of the Convention; (c) Guarantee that all complaints of torture or ill-treatment, including those relating to death in custody, are investigated promptly, impartially and independently; (d) Ensure that mandatory inspection of all places of detention by prosecutors, judges or another independent body takes place, and does so at regular intervals; (e) Ensure that all detained persons have immediate access to a doctor and a lawyer, as well as contact with their families; (f) Eliminate all forms of administrative detention. In addition, the premises controlled by the State Security Investigation Department should be subject to mandatory inspection, and reports of torture or ill-treatment committed there should be investigated promptly and impartially; (g) Ensure that legislation gives full effect to the rights recognized in the Convention and institute effective remedies for the violation of such rights; ensure in particular that proceedings take place within a reasonable time after the submission of complaints, and that any court decision to release a detainee is actually enforced;