E/CN.4/2001/66
page 96
physical sequellae, inevitable after a substantial period of time, or the inability to attribute such
sequellae to a specific period of detention are sufficient for a case to be closed. Such an
approach puts the burden of proof on the complainant and at an almost unattainable threshold.
475. In the light of the continuing failure of the Government to invite the Special Rapporteur
to visit Egypt since he first requested such an invitation in 1996 and of its refusal even to grant
access to the Committee against Torture when it conducted its 1991-1994 inquiry, the Special
Rapporteur feels that he must make an assessment of the situation on the basis of information
reaching him over the years.
476. Regrettably, despite the passage of six years since the inquiry and four years since the
adoption of the report of the Committee against Torture (A/51/44, paras. 180-222), the Special
Rapporteur can find no better way to express that assessment than to use the language employed
by the Committee (ibid., paras. 219-220), substituting reference to his own function for that of
the Committee:
The Special Rapporteur considers that the information received with regard to allegations
of the systematic practice of torture in Egypt appears to be well founded. His conclusion
is based on the existence of a great number of allegations, which come from different
sources. These allegations largely coincide and describe in the same way the methods of
torture, the places where torture is practised and the authorities who practise it. In
addition, the information comes from sources that have proved to be reliable in
connection with other activities of the Special Rapporteur.
On the basis of this information, the Special Rapporteur is forced to conclude that torture
is systematically practised by the security forces in Egypt, in particular by State Security
Intelligence, since in spite of the denials of the Government, the allegations of torture
submitted by reliable non-governmental organizations consistently indicate that reported
cases of torture are seen to be habitual, widespread and deliberate in at least a
considerable part of the country.
El Salvador
477. By letter dated 8 November 2000, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1996 regarding which no reply had been received.
Observations
478. The Special Rapporteur considers it appropriate to bring to the attention of the
Commission the finding of the Committee against Torture on its consideration of the initial
report of El Salvador under the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment in May 2000, namely, that “[d]uring the period covered by
the report [1996-1999], there have been numerous acts of torture and cruel, inhuman or
degrading treatment, as well as disproportionate or unnecessary use of force by police and prison
personnel, according to reports by the Office of the Procurator for the Protection of Human
Rights and other reliable sources”. (A/55/44, para. 164.)
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