A/HRC/34/54/Add.3
105. In the absence of information to the contrary, the Special Rapporteur hence
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 that the
Arab Republic of Egypt, by failing to protect the physical and psychological integrity of
Mr. Hussein and to exclude evidence obtained under torture or ill-treatment, has
violated Mr. Hussein’s rights under article 1, 2, 15 and 16 of the Convention against
Torture (CAT).
106. The Special Rapporteur strongly urges the Government of the Arab 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 Convention against Torture
(CAT).
JAL 8/02/2016 Case No. EGY 1/2016 State Reply: None to date Allegations of
ongoing detention and prolonged solitary confinement of Mr. Hisham Ahmed
Awad Jafar in the absence of formal charges.
107. 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.
108. 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 detaining
and subjecting Mr. Jafar to solitary confinement without formal charges since October
2015, violates his right to be free from torture or cruel, inhuman or degrading treatment
as provided by articles 1, 2 and 16 of the Convention against Torture.
109. In his interim report to the General Assembly of 5 August 2011 (A/66/268), the
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or
punishment defined solitary confinement, in accordance with the Istanbul Statement on
the Use and Effects of Solitary Confinement, as physical and social isolation of
individuals who are confined in their cells for 22 to 24 hours a day. He observed that
while solitary confinement for short periods of time may be justified under certain
circumstances, with adequate and effective safeguards in place, the use of prolonged (in
excess of 15 days) or indefinite solitary confinement may never constitute instruments
of the State, as it may cause severe mental and physical pain or suffering, a point which
has been reiterated in paragraph 28 of the General Assembly resolution 68/156.
Prolonged or indefinite solitary confinement runs afoul of the absolute prohibition of
torture and other cruel, inhuman or degrading treatment or punishment.
110. It has come to the attention of the Special Rapporteur that, as of the drafting of this
report, Mr. Jafar continues to be detained in solitary confinement without formal
charges or access to his family. The Special Rapporteur urges the State to take all
necessary interim measures to ensure the full protection of Mr. Jafar against any
violation of his human rights, especially his incommunicado detention in solitary
confinement. Furthermore, the Special Rapporteur calls upon the Government 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 Convention against Torture.
23
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