A/HRC/31/57/Add.1
Rapporteur calls upon all States to reconsider whether the use of the death penalty per se
disrespects the inherent dignity of the human person, causes severe mental and physical
pain or suffering and constitutes a violation of the prohibition of torture and other cruel,
inhuman or degrading treatment or punishment (para. 79).
124. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, available via the link
above, and is therefore of the view that the Government of Egypt by imposing death
sentences on 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, Mr. X, and by failing to protect their physical and psychological integrity
has violated their right to be free from torture or cruel, inhuman or degrading treatment, as
provided by article 7 of the ICCPR and articles 2 and 16 of the Convention against Torture.
(d)
JUA 1/06/2015 Case No. EGY 6/2015 State Reply: 02/07/2015 and 16/08/2015 Allegations
concerning the arbitrary arrest, detention, torture, and ill-treatment of Mr. X and Mr.
Y, aged 14 and 16, by officers, as well as denial of access to medical services whilst in
detention.
125. The Special Rapporteur thanks the Government of Egypt for its replies, dated 2 July
2015 and 2 August 2015, to the present communication.
126. The Special Rapporteur takes note of the information provided by the Government
concerning the arrests and detentions of Mr. X and Mr. Y. However, the Rapporteur finds
that the Government, in its reply, does not sufficiently address the concerns, legal
obligations, and questions raised in the initial communication. In particular, the reply fails
to substantiate the claim that there is no evidence that Mr. X and Mr. Y have been subjected
to torture or other ill-treatment, and fails to indicate what, if any, investigations have been
undertaken with regards to the allegations.
127. In the absence of information to the contrary, the Special Rapporteur concludes that
there is substance in the allegations presented in the initial communication, available via the
link above, and is therefore of the view that the Government of Egypt, by arbitrarily
arresting Mr. X and Mr. Y and failing to protect their physical and psychological integrity,
has violated their rights to be free from torture, cruel, inhuman or degrading treatment as
provided by articles 1, 2, 12, 15 and 16 of the CAT.
128. The State is urged to conduct a fair and impartial investigation into the incidents, to
prosecute and punish those responsible, and to provide adequate redress to the victims.
(e)
JUA 29/05/2015 Case No. EGY 7/2015 State reply: 30/07/2015 Allegation concerning the
imposition of the death sentence against former Egyptian President, Mr. Mohamed
Morsi Eissa El Ayyat, and 105 other individuals.
129. The Special Rapporteur thanks the Government of Egypt for its reply, dated 30 July
2015, to the present communication.
130. He regrets that, as of the drafting of this report, no official translation is available to
the Government’s reply. The Rapporteur will make his views on the case known later on,
after being able to read an English version of the reply.
(f)
JOL 21/07/2015 Case No. EGY 11/2015 State Reply: 05/08/2015 Allegations concerning
the draft amendments to the Egyptian anti-terrorism law, which would be
incompatible with international human rights obligations, including the prohibition of
torture.
131. The Special Rapporteur thanks the Government of Egypt for its reply, dated 5
August 2015, to the present communication.
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