A/HRC/31/57/Add.1
110. Ante la ausencia de información que contradiga lo argumentado, el Relator Especial
concluye que hay fundamentos suficientes en los argumentos presentados, disponibles en el
enlace señalado anteriormente, para señalar que el Gobierno de la República Dominicana
ha violado sus obligaciones de proteger la integridad física y psicológica de las mujeres y
adolescentes embarazadas.
Egypt
(a) JUA 23/12/2014 Case No. EGY 14/2014 State reply: 27/01/2015 and 03/02/2015
Allegation concerning the imposition of the death penalty on 188 defendants, for
charges related to an attack on the Kerdasa police station in Giza.
111. The Special Rapporteur thanks the Government of Egypt for its reply, dated 3
February 2015, to the present communication.
112. The Rapporteur takes note of the information provided by the Government regarding
the circumstances in which the death penalty is applied in Egypt, the Government’s account
of the attack on the Kerdasa police station, and the allegation of the arrest and torture of
Ms. X and her son, as well as the detention and release of her other son.
113. Concerning the allegations of torture and ill-treatment, the Rapporteur calls on the
Government of Egypt to undertake a prompt, independent, and effective investigation into
the allegations of torture of Ms. X and her son leading to the prosecution and punishment of
the perpetrators, provide full redress to the victims and their family members, and
undertake effective measures to prevent the recurrence of these acts. The Rapporteur wishes
to be kept fully informed of the outcome of the investigation and proceedings.
114. It has come to the attention of the Rapporteur that in the cases referred to the Grand
Mufti of the Republic for an opinion on the matter, in line with article 381 of the Egyptian
criminal code, that authority affirmed the death sentence of 183 of the 188 defendants. In its
reply, the Government stated that the court’s decision to refer the case to the Grand Mufti in
no way signified that the death sentence would be pronounced. However, the Grand Mufti’s
decision to uphold the sentences was rendered on 2 February, the same day the requests for
an opinion were made. The Rapporteur takes note of the fact that the decisions are subject
to appeal and strongly urges the Government of Egypt to protect the right of the 183
prisoners to be free from torture or cruel, inhuman or degrading treatment, as provided by
articles 2 and 16 of the CAT.
115. As observed by the Special Rapporteur in his 2012 report to the General Assembly
(A/67/279), there is evidence of an evolving standard within international bodies and a
robust State practice to frame the debate about the legality of the death penalty within the
context of the fundamental concepts of human dignity and the prohibition of torture and
other cruel, inhuman or degrading treatment or punishment. This evolving standard, along
with the resulting illegality of the death penalty under such prohibition, is developing into a
norm of customary law, if it has not already done so (para. 74). The Special Rapporteur
calls upon all States to reconsider whether the use of the death penalty per se respects the
inherent dignity of the human person, as it causes severe mental and physical pain or
suffering and thus constitutes a violation of the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment (para. 79).
116. The Rapporteur reminds the Government of Egypt of the absolute and nonderogable prohibition of torture and other ill-treatment and that article 15 of the CAT
prohibits the use of any statement made as the result of torture as evidence in any criminal
proceedings. Additionally, the Rapporteur strongly urges the Government of Egypt to
refrain from executing the individuals sentenced to death, as well as to refrain from, and
abolish, the practice of executions.
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