30 March 2015

Egypt: UN Special Rapporteur on Torture Urges State to Cooperate "Without Further Delay"

Juan E. Méndez, Special Rapporteur on Torture (SRT) Juan E. Méndez, Special Rapporteur on Torture (SRT)

On 6 March 2015, the United Nations Special Rapporteur on Torture (SRT), Juan E. Méndez issued its Observations on communications transmitted to Governments and replies received, an Addendum to its Report to the United Nations Human Rights Council (HRC) in which the SRT provides observations on communications sent to States between 1 December 2013 and 30 November 2014. In light of Egypt's non-cooperation with his mandate, Mr. Méndez urged the Egyptian authorities to respond to the communications sent to them "without further delay."

Out of the nine urgent appeals sent by the SRT in the past year, four had been documented by Alkarama. In all four cases, Mr. Mendèz concluded that there was "substance in the allegations presented in the initial communication," and that, by failing to respond to, or act on the SRT's recommendations, the Government of Egypt had violated these individuals' "right to be free from torture or cruel, inhuman or degrading treatment as provided by articles 1 and 16 of the Convention against Torture (CAT)."

Allegations of enforced disappearances of Messrs. Khaled al-Qazzaz, Ayman al-Serafy and Abdelmeguid Mashali, and the alleged incommunicado detention of Messrs. Essam al-Haddad and Ayman Ali

In this first case, Alkarama had sent an urgent appeal on 10 July 2013 to the SRT as well as to the UN Working Group on Arbitrary Detention (WGAD), the Special Rapporteur on the independence of judges and lawyers (SRL) and the Working Group on Enforced or Involuntary Disappearances (WGEID), asking these UN instances to "intervene to protect them from torture and work to secure their immediate release," which they did by sending the Egyptian authorities a letter on 27 December 2013.

Members of former President Morsi's staff, the five men were arbitrarily arrested and detained following General al-Sisi's coup on 3 July 2013. Although Mr. Al Qazzaz was finally released on 11 January 2015, Mr. Méndez "regret[ted] that the Government of Egypt ha[d] not replied to the present communication, thereby failing to cooperate with the mandate issued by the [HRC] in its resolution 25/13, and to comply with its obligation, under international customary law, to investigate, prosecute and punish all acts of torture," and thus concluded that "by failing to prevent incommunicado detention, and protect the physical and psychological integrity" of the five men, the Government of Egypt had violated their right to be free from torture or cruel, inhuman or degrading treatment.

Allegations of arbitrary detention of Mr. Khaled Al-Qazzaz and alleged failure to provide him with adequate medical treatment

Mr Méndez had also individually examined the case of Mr Al Qazzaz, still in detention at the time of his communication to the Egyptian authorities on 9 September 2014. Although Mr Méndez thanked the Egyptian Government for its reply on 31 October 2014, having taken note of the fact that Al Qazzaz' case was currently on appeal and that he was receiving medical treatment, he "regret[ted] that the Government suppli[ed] little information concerning what Khaled Al Qazzaz was charged with, raising concerns that his detention [was] arbitrary."

The SRT therefore concluded that, by not sufficiently addressing the concerns raised in the initial communication – in particular the use of prolonged or indefinite solitary confinement, which "runs afoul of the absolute prohibition of torture" and "may also give rise to other acts of torture or ill-treatment" – the Government of Egypt had violated Al Qazzaz' right to be free from torture or cruel, inhuman or degrading treatment.

Allegations concerning the continued detention of Mr. Abdullah el-Shamy and the alleged denial of medical care in detention as well as the use of solitary confinement

On 19 August 2013, Alkarama sent an urgent appeal to the SRT, as well as to the WGAD and the Special Rapporteur on Freedom of Opinion and Expression regarding various attacks on freedom of expression and the media in Egypt, including on Mr Abdullah El Shamy, a 26-year-old journalist for Al Jazeera who was arrested as he was leaving Raba'a Square in Cairo, where he was reporting on the Egyptian security forces' violent dispersal of the protestors.

Accused of "attempted murder, belonging to a terrorist organisation and harming national security," El Shamy did not have access to a lawyer for the first seven months of his detention, which was extended indefinitely in May 2014. On 21 January 2014, El Shamy went on hunger strike to protest his long pre-trial detention. Despite his deteriorating state of health and the repeated requests by his lawyer and family that he be medically examined, the authorities denied him access to medical care, and even placed him in solitary confinement in retaliation for those repeated requests and a video footage of him speaking from his prison cell and leaked to the media.

On 20 May 2014, the SRT and the WGAD, together with the SLR and Special Rapporteur on the right to health, sent a letter to the Egyptian authorities, asking them to safeguard El Shamy's rights in accordance with international instruments, including the International Covenant on Civil and Political Rights (ICCPR), ratified by Egypt in November 1989, and reminding Egypt of principle 7 and 9 of the Basic Principles for the Treatment of Prisoners adopted by General Assembly resolution 45/11, which states that "Prisoners shall have access to the health services available in the country without discrimination on the grounds of their legal situation."

Although the Egyptian authorities did respond to the UN instances' letter on 5 June 2014, Mr. Mendèz found that "the Government, in its reply, d[id] not sufficiently address the concerns, legal obligations, and questions raised in the initial communication," prompting him to infer that the Government failed to fully cooperate with its mandate; and concluded that "the Government of Egypt, by failing to formally charge Mr. El-Shamy, by denying him proper medical treatment, by subjecting him to prolonged solitary confinement and by denying him access to his lawyer, ha[d] violated his right to be free from torture or cruel, inhuman or degrading treatment."

Allegations of arbitrary arrest, detention, torture and other cruel, inhuman or degrading treatment or punishment, including sexual abuse and rape of 50 juveniles and of two 18-year-olds in Koum el Dekka prison, Montaza District, Alexandria by X, Y, and Z, and alleged refusal of the Public Prosecutor and the Court of Misdemeanors of Alexandria to open investigations into those allegations

Alerted on this case by Alkarama on 27 August 2014, Mr. Mendèz sent a letter to the Egyptian authorities on 3 October 2014. The 50 juveniles and two 18-year-olds had all been arrested for demonstrating peacefully, and subsequently charged with "demonstrating without authorisation", "assaults on police officers" and "affiliation to a prohibited party" – indictments usually held against political opponents.

At the time of Alkarama's communication to the SRT, the youth had all been detained for over eight months, and had reported being subjected to severe torture, such as burns with cigarette butts, electrocutions including on their genitals, sexual abuse, and sometimes rape, whilst being hung by their hands for hours.

Despite the Special Rapporteur's letter to the authorities, and the numerous articles written in the media, including on Al Jazeera, The Cairo Post, and the International Business Times, the Government of Egypt did not reply to the SRT's communication, thereby failing to cooperate with the UN protection mechanism and to comply with its obligation to investigate, prosecute and punish all acts of torture.

The Rapporteur therefore concluded that "the Government of Egypt, by failing to investigate and prosecute the allegations of arbitrary arrest, detention, torture and other cruel, inhuman or degrading treatment or punishment, including sexual abuse and rape of 50 juveniles and of two 18-year-olds, had violated their right to be free from torture or cruel, inhuman or degrading treatment."

In view of this information, Alkarama urges the Egyptian authorities to take immediate and appropriate measures to abolish the widespread and systematic practice of torture in the country and prosecute all perpetrators. In this regard, the authorities should, as accepted during its last UPR, adopt a definition of torture in line with international standards. Additionally, they should set up an independent and mandatory monitoring system regarding conditions of detention and reports of torture and ill-treatment made by victims, and fully cooperate with the SRT.

For more information or an interview, please contact the media team at This email address is being protected from spambots. You need JavaScript enabled to view it. (Dir: +41 22 734 1007 Ext: 810)

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