A/HRC/22/53/Add.4 violence by a law enforcement officer against a detainee is highly credible. The Special Rapporteur urges the Government to ensure its police officers and other security officials do not commit violence based on an individual‟s personal religious beliefs, which is conduct that violates international standards prohibiting torture and other cruel, inhuman or degrading treatment or punishment. He encourages the Government to continue its engagement with the mandate. (d) AL 07/11/2012 Case No. EGY 14/2012 State reply: 29/11/2012, 11/12/2012 Alleged severe physical and psychological torture at Al-Darb Al-Ahmar Police Station in Cairo 37. The Special Rapporteur thanks the Government of Egypt for its response, dated 1 November 2012, to this communication regarding the alleged severe torture of Mr. Mostafa Kamal Abul Magd for four days while detained and forced false confessions as a result of torture. In its reply, the Government states that it undertook an investigation regarding allegations that Mr. Abul Magd was subjected to psychological and physical torture, concluding that no information has been obtained relating the veracity of the allegations. The Special Rapporteur notes the insufficiency of the Government‟s reply since it does not explain how the independence and impartiality of the inquiry was ensured. He urges the Government to conduct a thorough and impartial investigation. In this context, the Special Rapporteur reiterates that paragraph 1 of Human Rights Council Resolution 16/23 “[c]ondemns all forms of torture and other cruel, inhuman or degrading treatment or punishment, including through intimidation, which are and shall remain prohibited at any time and in any place whatsoever and can thus never be justified, and calls upon all States to implement fully the absolute and non-derogable prohibition of torture and other cruel, inhuman or degrading treatment or punishment.” Accordingly, the Special Rapporteur concludes that the rights of Mr. Abul Magd under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government to investigate, prosecute and punish those responsible and to provide full redress to the Mr. Abul Magd. The Special Rapporteur encourages the Government to continue its engagement with the mandate. (e) JUA 12/11/2012 Case No. EGY 15/2012 State reply: None to date Alleged risk of death sentences, use of torture to obtain confessions, and use of incommunicado detention. 38. The Special Rapporteur regrets that the Government of Egypt has not responded to this communication dated 9 November 2012, thereby failing to cooperate with the mandate issued by the Human Rights Council. The communication referred to the alleged imminent death sentences of Mr. Ahmed Mohamed Salem Ali, Mr. Mohamed Gomaa Hassan Nassar, Mr. Yasser Jeremy Attiya Al-Torbini, Mr. Amr Mohamed Mahmoud El-Malah, Mr. Hossam Abdo Abdelrady Hassan, and Mr. Ahmed Selmy Hammad Alyan. Further, the communication referred to the alleged torture while in detention, in some instances to forcibly obtain confessions, and the use of incommunicado detention. Given the irreversibility of the punishment of the death penalty, the Special Rapporteur expresses grave concern regarding the aforementioned individuals, especially in light of allegations that torture was used to obtain false confessions and statements. In this context, the Special Rapporteur reiterates Article 15 of the CAT, which provides that, “[e]ach State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made.” In light of the fact that no evidence has been provided to the contrary, the Special Rapporteur concludes that the rights of the aforementioned persons under the UN Convention against Torture have been violated. The Special Rapporteur calls on the Government of Egypt to undertake a prompt, impartial, and effective investigation of the alleged acts of torture, leading to prosecution and punishment of the 21

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