A/HRC/34/54/Add.3
freezing of assets) since 2011, has violated the rights of numerous victims to free from
torture or cruel or degrading treatment as provided by Article 1, 2 and 16 of the
Convention against Torture (CAT).
117. Continued serious concern is expressed about the alleged widespread arbitrary
arrests and detentions, incommunicado detentions and prolonged solitary confinement,
torture and ill-treatment of prisoners in custody, including children, (sometimes
resulting in deaths) as well as coerced extraction of confessions, lack of access to
appropriate health care, lack of access to legal counsel and violations of fair trial and
due process of law guarantees, imposition of death penalty following unfair trials, and
the continued targeting of human rights defenders and civil society organisations
(including travel bans and freezing of assets).
118. The Special Rapporteur urges the State to take all necessary interim measures to
ensure the full protection of its citizens against any violation of their human rights and,
inter alia, to guarantee their rights to be free from torture or cruel, inhuman or
degrading treatment or punishment; to guarantee fair trials; and to exclude statements
and confessions made as a result of torture from any proceedings, in line with its
international obligations, codified inter alia in the CAT and the International Covenant
on Civil and Political Rights. Furthermore, the Special Rapporteur calls upon the
Government of the Republic of Egypt to comply with its obligation, under international
customary law, to investigate, prosecute and punish all acts of torture and other cruel,
inhuman or degrading treatment or punishment, as codified, inter alia in the CAT, and
to provide the victims with redress, in accordance with articles 12 and 14 of the CAT.
JAL 16/08/2016 Case No. EGY 9/2016 State Reply: None to date Allegations
concerning the torture and ill-treatment, detention in inhumane conditions, denial
of medical care, and the repeated prosecution under charges of illegal
demonstration and belonging to a forbidden group of Mr. XXXXX, a juvenile, who
was acquitted four times by a court for the same charges.
119. The Special Rapporteur regrets that the Government of Egypt has not replied to the
present communication, thereby failing to cooperate with the mandate issued by the
Human Rights Council in its resolution 25/13.
120. 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 repeatedly
prosecuting Mr. XXXXX under charges of illegal demonstration and belonging to a
forbidden group, despite the fact that he was acquitted four times by a court for the
same charges, has violated his right to be free from torture or cruel or degrading
treatment as provided by Article 1, 2 and 16 of the Convention against Torture (CAT).
121. The Special Rapporteur notes with great concern the allegations contained in
previous communications on Mr. XXXXX’s case, which have been addressed by the
Working Group on Arbitrary Detention (Opinion 53/2015, A/HRC/WGAD/2015/53),
concerning the torture and ill-treatment of Mr. XXXXX for the purposes of extracting a
confession, his detention together with adults in inhumane conditions, and the denial of
access to medical care in detention.
122. The Special Rapporteur urges the Government of Egypt to protect the right of Mr.
XXXXX to be free from torture or cruel, inhuman or degrading treatment, and to
guarantee his fair trial, including by excluding any statement and confession made as a
result of torture from any proceedings, in line with its international obligations, codified
inter alia in the CAT and the International Covenant on Civil and Political Rights. The
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