A/72/44
regarding the perpetrators, methods and location of torture in Egypt, as well as the trend of
impunity for perpetrators.
69.
Torture appears to occur particularly frequently following arbitrary arrests and is
often carried out to obtain a confession or to punish and threaten political dissenters.
Torture occurs in police stations, prisons, State security facilities, and Central Security
Forces facilities. Torture is perpetrated by police officers, military officers, National
Security officers and prison guards. However, prosecutors, judges and prison officials also
facilitate torture by failing to curb practices of torture, arbitrary detention and ill-treatment
or to act on complaints. Many documented incidents occurred in greater Cairo, but cases
have also been reported throughout the country. Perpetrators of torture almost universally
enjoy impunity, although Egyptian law prohibits and creates accountability mechanisms for
torture and related practices, demonstrating a serious dissonance between law and practice.
In the view of the Committee, all the above lead to the inescapable conclusion that torture is
a systematic practice in Egypt.
70.
The Committee made urgent recommendations to the State party, including to
immediately end the practice of torture and ill-treatment in all places of detention; to ensure
that officials at the highest level publicly condemn torture and ill-treatment by State agents
and adopt a zero-tolerance policy; and to prosecute perpetrators of torture, including those
with command or superior responsibility.
Comments and observations of Egypt concerning the inquiry report
71.
On 1 June 2016, the Government of Egypt provided a reply to the Committee’s
findings stating that the Committee should not have concluded that the State party was
engaging in systematic torture on the basis of its failure to respond to specific allegations
made by Alkarama, which it said were based on hearsay and lacked supporting evidence.
The State party accepted many of the Committee’s recommendations and asserted that they
were already being implemented and that several others had been partly accepted or noted.
It rejected the Committee’s recommendations to immediately end the use of
incommunicado detention; create an independent authority to investigate allegations of
torture, enforced disappearance and ill-treatment; restrict the jurisdiction of the military
courts to offences of an exclusively military nature; and enforce the prohibition against
“virginity tests” and end the practice of forensic anal examinations for those accused of
crimes.
VI. Consideration of complaints under article 22 of the
Convention
A.
Introduction
72.
Under article 22 of the Convention, individuals who claim to be victims of a
violation by a State party of the provisions of the Convention may submit a complaint to
the Committee against Torture for consideration, subject to the conditions laid down in that
article. Sixty-seven States parties to the Convention have declared that they recognize the
competence of the Committee to receive and consider complaints under article 22 of the
Convention. No complaint may be considered by the Committee if it concerns a State party
to the Convention that has not recognized the Committee’s competence under article 22.
73.
In accordance with rule 104, paragraph 1, of its rules of procedure, the Committee
established the post of Rapporteur on new complaints and interim measures, which is
currently held by Mr. Zhang.
74.
Complaints under article 22 of the Convention are considered in closed meetings.
All documents relating to the work of the Committee under article 22, that is, submissions
from the parties and other working documents of the Committee, are confidential.
75.
The Committee decides on a complaint in the light of all the information made
available to it by the parties. The findings of the Committee are communicated to the
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