A/HRC/22/53/Add.4 Convention against Torture have been violated. The Special Rapporteur urges the Government to undertake a prompt and independent investigation, leading to prosecution and punishment of the perpetrators of Mr. Ahmed Ramzy Ali Ama, as well as providing full redress to the his next of kin. (b) JUA 11/09/2012 Case No. EGY 12/2012 State reply: none to date Alleged torture and imminent threat of evidence obtained under duress being admitted before Egyptian state security courts 35. The Special Rapporteur regrets that the Government of Egypt has not responded to this communication dated 11 September 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged extensive mistreatment and torture of Mr. Mohamed Gayez Sabbah, Mr. Ossama Mohed Abdel-Ghani Al-Nakhlawi, and Mr. Younis Mohamed Abu-Gareer, who were previously held in incommunicado detention and face charges on the basis of evidence obtained under torture. The Special Rapporteur expresses grave concern regarding the likely admission of statements that were made as a result of torture in the aforementioned persons‟ criminal proceedings. In this context, the Special Rapporteur reiterates Article 2(2) of the Convention Against Torture, which provides that no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. Furthermore, the Special Rapporteur reminds the Government of Article 12 of the CAT, which requires that “[e]ach State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.” 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 perpetrators, and to provide redress to the victims. Further, the Special Rapporteur urges the Government to ensure that no evidence obtained by torture is used in criminal proceedings and to end the practice of incommunicado detention. (c) JUA 03/10/2012 Case No. EGY 13/2012 State reply: 01/11/2012 Alleged detention and attacks against an atheist on allegations of „Defamation of Religion‟ 36. The Special Rapporteur thanks the Government of Egypt for its response, dated 1 November 2012, to the joint urgent appeal regarding the alleged arbitrary detention of Mr. Albert Saber Ayyad and the ill-treatment and abuse he faced, partly as a result of provocations of an arresting officer. In its reply, the Government states that a Prosecutor conducted an investigation regarding allegations that Mr. Saber was assaulted while in detention, and concluded that the allegations are untrue. In this context, the Special Rapporteur reminds the Government of the General Assembly‟s resolution 64/164, urging States to step up their efforts to protect and promote freedom of thought, conscience and religion or belief, and to this end “(b) To ensure that no one within their jurisdiction is deprived of the right to life, liberty or security of person because of religion or belief and that no one is subjected to torture or other cruel, inhuman or degrading treatment or punishment, or arbitrary arrest or detention on that account and to bring to justice all perpetrators of violations of these rights.” The government‟s response does not explain the guarantees of independence and impartiality that should have surrounded the purported investigation into the assault suffered by Mr. Saber. Consequently, the Special Rapporteur finds that the 20