the Convention, 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 for torture.
212. The Government of Egypt, which has undertaken to respect all the provisions
of the Convention, including those of article 2, paragraph 2, should take
measures to ensure that those provisions are implemented strictly by all State
authorities. In this connection, the Government should make particular efforts
to prevent its security forces from acting as a State within a State, for they
seem to escape control by superior authorities.
213. In its observations, the Government, while affirming its commitment to the
provisions of article 2, paragraph 2, of the Convention, totally rejects the use
by the Committee of individual allegations, the credibility of which has not
been established, to accuse a State party rashly of systematic practice of
torture in its territory, particularly in the absence of an objective
interpretation of that concept.
214. In this regard, the Committee wishes to recall its views, expressed in
November 1993, on what the main factors are that indicate that torture is
systematically practised in a State party. Those views are the following:
"The Committee considers that torture is practised systematically when
it is apparent that the torture cases reported have not occurred
fortuitously in a particular place or at a particular time, but are seen to
be habitual, widespread and deliberate in at least a considerable part of
the territory of the country in question. Torture may in fact be of a
systematic character without resulting from the direct intention of a
Government. It may be the consequence of factors which the Government has
difficulty in controlling, and its existence may indicate a discrepancy
between policy as determined by the central Government and its
implementation by the local administration. Inadequate legislation which
in practice allows room for the use of torture may also add to the
systematic nature of this practice." 6/
215. In the case of Egypt, the Committee finds that there is a clear
contradiction between the allegations made by non-governmental sources and the
information provided by the Government with regard to the role of the Egyptian
security forces and the methods they use. This contradiction confirms the
Committee’s conviction that a visiting mission to Egypt would have been
extremely useful to complete the inquiry. Unfortunately, the Government of
Egypt did not avail itself of the opportunity it had been offered to clarify the
situation by accepting the visit.
216. The Government of Egypt states that at no stage of its dialogue with the
Committee did it protest against the request for a visiting mission to Egypt.
However, it continuously affirmed the need to discuss the framework through
which the visit could take place, in the light of a clear understanding of the
articles of the Convention, as one of the important factors in its decisionmaking on the subject.
217. The Committee wishes to recall, in this connection, that proposals
concerning the visit to Egypt, as referred to in paragraphs 185 and 186 above,
were transmitted to the Government of Egypt on 28 January 1994 and brought to
the attention of its accredited representative on 28 April 1994. No replies to
those proposals were received.
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