A/HRC/31/57/Add.1 (b) JUA 08/01/2015 Case No. EGY 1/2015 State reply: 20/02/2015 Allegation concerning the arbitrary arrest, detention, torture, and public humiliation and stigmatisation of 26 men tried on charges related to their alleged sexual orientation. 117. The Special Rapporteur thanks the Government of Egypt for its reply, dated 20 February 2015, to the present communication. 118. The Rapporteur takes note of the information provided by the Government that all 26 individuals detained and tried were twice acquitted of the charges against them. In spite of the information supplied by the Government, its reply denies the allegation of illtreatment of these detainees but fails provide any details as to how the investigation was conducted. Similarly, the reply does not address the larger question of whether persons in Egypt are treated in humiliating manner when detained and investigated about their real or alleged homosexuality, or the forced anal examinations these individuals were allegedly subjected to at the time of their arrest. In this context, the Rapporteur would like to remind the Government of the absolute and non-derogable prohibition of torture and other illtreatment, whether physical or mental, as codified in article 1 of the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which Egypt signed on 25 June 1986. 119. The Rapporteur calls on the Government of Egypt to undertake a prompt, independent, and effective investigation into the allegations of torture and cruel, inhuman or degrading treatment of the 26 men 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 expects to be kept fully informed of the outcome of the investigation and proceedings. 120. In the absence of information to the contrary, the Rapporteur concludes that there is substance in the allegations presented in the initial communication, available in the link above, and is therefore of the view that the Government in Egypt, by failing to protect the physical and psychological integrity of the 26 men arrested and tried on charges related to their alleged sexual orientation, has violated their rights to be free from torture or cruel, inhuman or degrading treatment as provided by article 1 of the CAT. (c) JUA 10/04/2015 Case No. EGY 5/2015 State reply: 07/05/2015 Allegation concerning the imposition of the death penalty for six individuals, including Mr. Mohamed Ali Afifi Badawi, Mr. Mohammad Bakri Mohammad Haroun, Mr. Hani Mustafa Amin Amer, Mr. Islam Sayed Ahmed Ibrahim, Mr. Khaled Farag Mohammed Ali, and Mr. X. 121. The Special Rapporteur thanks the Government of Egypt for its reply, dated 7 May 2015, to the present communication. 122. The Rapporteur however finds that the Government, in its reply, does not sufficiently address the concerns, legal obligations, and questions raised in the initial communication, in particular with regards to the allegations of torture and ill-treatment of the named individuals, which prompts him to infer that the Government fails to fully and expeditiously cooperate with the mandate issued by the Human Rights Council in its resolution 25/13. 123. The Rapporteur would like to draw the Government’s attention to his 2012 report to the General Assembly (A/67/279), which states that 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 when imposed or executed under circumstances that violate such prohibition, is developing into a norm of customary law, if it has not already done so (para. 74). The Special 25