E/CN.4/1995/34
page 44
wrists for prolonged periods, blindfolding and hitting. As
treatment, his health had deteriorated and medical care was
administered. He was being held at the Torah penitentiary,
fears were expressed that he might die if not provided with
treatment.
a result of this
allegedly not
near Cairo, and
adequate medical
222. The Special Rapporteur sent another urgent appeal on 5 May 1994 to the
Government on behalf of ’Abd al-Haris Mohammad Madani, a lawyer reportedly
arrested on 26 April 1994 at his office in Cairo. He was allegedly so
severely tortured at the Giza branch of the SSI that he had to be taken to the
Qasr al-Aini hospital. Fears were expressed that he might be tortured again
if returned to SSI custody.
223. On 22 June 1994, the Government replied that Abd al-Haris Mohammad Madani
was arrested pursuant to authorization by the Higher State Security Prosecutor
and that while the arrest squad were taking him to search his home in the
district of Warraq al-Arab, Giza, he began to experience difficulty in
breathing. He was taken for medical assistance to Qasr al-Aini hospital and
that night the Office of the Higher State Security Prosecutor was notified by
the hospital that he had died. A forensic doctor carried out a post-mortem
on 28 April and the Chief Justice and Attorney-General ordered an
investigation into the incident. The final post-mortem report had not yet
been lodged and the Office of the Prosecutor was continuing its
investigations.
Information transmitted by the Government with respect to information in
previous reports
224. By letter dated 13 December 1993 the Government replied with respect to
general allegations as well as a number of individual cases transmitted by the
Special Rapporteur on 26 August 1993. Further information on some of these
cases was also provided to the Special Rapporteur by the Government in its
correspondence of 27 October 1994.
225. The Government stated that it regarded torture as an inhuman practice
and had incorporated penal provisions against the practice that were
applicable even during a state of emergency. An office to investigate cases
of torture had been established. Since the beginning of 1992, custodial
sentences had been passed on 15 policemen and officers convicted of assaulting
citizens and 39 others had appeared before disciplinary tribunals on the same
charge. Eight of the latter cases were referred by the Office of the
Attorney-General to the criminal courts and compensation was awarded in cases
in which acts of torture were found to have been committed.
226. Allegations concerning the torture of political detainees in prisons were
able to be refuted owing to the fact that judicial bodies exercised their
right to monitor and inspect prisons, that the security situation was stable
in those prisons and that some non-governmental organizations had been
permitted to visit the headquarters of the State Security Police and a large
number of prisons. It was inconceivable and impossible that torture could be
a customary practice, and even if some of the complaints were true, they
constituted exceptional cases that were condemned and punished by law. Egypt
was faced with overcrowding in penal institutions, but this did not prevent
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