A/HRC/22/53/Add.4
violence by a law enforcement officer against a detainee is highly credible. The Special
Rapporteur urges the Government to ensure its police officers and other security officials do
not commit violence based on an individual‟s personal religious beliefs, which is conduct that
violates international standards prohibiting torture and other cruel, inhuman or degrading
treatment or punishment. He encourages the Government to continue its engagement with the
mandate.
(d)
AL 07/11/2012 Case No. EGY 14/2012 State reply: 29/11/2012, 11/12/2012 Alleged
severe physical and psychological torture at Al-Darb Al-Ahmar Police Station in
Cairo
37. The Special Rapporteur thanks the Government of Egypt for its response, dated 1
November 2012, to this communication regarding the alleged severe torture of Mr. Mostafa
Kamal Abul Magd for four days while detained and forced false confessions as a result of
torture. In its reply, the Government states that it undertook an investigation regarding
allegations that Mr. Abul Magd was subjected to psychological and physical torture,
concluding that no information has been obtained relating the veracity of the allegations. The
Special Rapporteur notes the insufficiency of the Government‟s reply since it does not
explain how the independence and impartiality of the inquiry was ensured. He urges the
Government to conduct a thorough and impartial investigation. In this context, the Special
Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23
“[c]ondemns 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 non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” Accordingly, the Special Rapporteur
concludes that the rights of Mr. Abul Magd under the UN Convention against Torture have
been violated. The Special Rapporteur calls on the Government to investigate, prosecute and
punish those responsible and to provide full redress to the Mr. Abul Magd. The Special
Rapporteur encourages the Government to continue its engagement with the mandate.
(e)
JUA 12/11/2012 Case No. EGY 15/2012 State reply: None to date Alleged risk of death
sentences, use of torture to obtain confessions, and use of incommunicado detention.
38. The Special Rapporteur regrets that the Government of Egypt has not responded to this
communication dated 9 November 2012, thereby failing to cooperate with the mandate issued
by the Human Rights Council. The communication referred to the alleged imminent death
sentences of Mr. Ahmed Mohamed Salem Ali, Mr. Mohamed Gomaa Hassan Nassar, Mr.
Yasser Jeremy Attiya Al-Torbini, Mr. Amr Mohamed Mahmoud El-Malah, Mr. Hossam
Abdo Abdelrady Hassan, and Mr. Ahmed Selmy Hammad Alyan. Further, the
communication referred to the alleged torture while in detention, in some instances to
forcibly obtain confessions, and the use of incommunicado detention. Given the
irreversibility of the punishment of the death penalty, the Special Rapporteur expresses grave
concern regarding the aforementioned individuals, especially in light of allegations that
torture was used to obtain false confessions and statements. In this context, the Special
Rapporteur reiterates Article 15 of the CAT, which provides that, “[e]ach State Party shall
ensure that any statement which is established to have been made as a result of torture shall
not be invoked as evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made.” In light of the fact that no evidence has been provided
to the contrary, the Special Rapporteur concludes that the rights of the aforementioned
persons under the UN Convention against Torture have been violated. The Special
Rapporteur calls on the Government of Egypt to undertake a prompt, impartial, and effective
investigation of the alleged acts of torture, leading to prosecution and punishment of the
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