21 July 2009

Egypt: Sudanese scholar Sheikh Al Hadj secretly detained and tortured

Alkarama was informed of the situation of Sheikh Messad Bachir Ali Al Hadj, aged 65, a Sudanese national, is currently hospitalized in Khartoum following 15 days of secret detention and torture by the Egyptian Security Services after his arrest at Cairo Airport on 22 June 2009.

On 10 July 2009 Alkarama made an urgent appeal to the Special Rapporteur on Torture asking him to intervene with the Egyptian authorities in the case of Mr Al Hadj. This case again highlights the systematic nature of arbitrary detention in Egypt and the widespread use of torture by the Egyptian Intelligence Services, even against foreigners and the elderly.

Mr Al Hadj is a professor and specialist of religious sciences in Sudan and is well-known throughout the Islamic world and is often invited to official conferences. He usually resides in Khartoum, Sudan. He is married and has 3 sons and 4 daughters.

Mr Al Hadj arrived in Egypt on 8 May 2009 from Khartoum accompanied by his wife, Aoutef Khalfallah Al Hassan, and 7 children. The aim of their visit was to receive specialized medical care as Mr Al Hadj suffers from chronic illnesses and has particular problems with his colon and cervical vertebrae.

On 22 June 2009, upon arriving with his family at the passport check at Cairo Airport for the return flight around 13:00, Mr Al Hadj was taken aside by the border police. His family was allowed through the passport check having completed all the required formalities. When his wife asked why her husband was being held, the police told her he would be joining them shortly.

As the flight was boarding, the family was told that Mr Al Hadj would be taking the next flight and that they should wait for him in Khartoum. After a day of waiting for his arrival, his wife inquired about her husband at the Egyptian embassy in Khartoum. The embassy staff told her to write a letter describing the details of Mr Al Hadj's situation to be transmitted to the ambassador the following day. When she handed in this letter, the embassy requested further information, which she promptly provided. The embassy gave her a contact number for her to keep in touch with them.

After several days without any further information, she visited the Sudanese Ministry of Foreign Affairs who assured her that they would take the necessary steps via their embassy in Cairo.

A week later, the Ministry of Foreign Affairs informed the family that the Egyptian Authorities had confirmed the detention of Mr Al Hadj, that he was being questioned in the framework of a formal inquiry and that he was soon to be released soon and accompanied to the airport.

Following 10 days without any news of her husband, the family again inquired about Mr Al Hadj at the Sudanese Ministry of Foreign Affairs who informed them that the Egyptian authorities had retracted their initial statement and that they no longer recognized his detention. The Egyptian Embassy in Khartoum also said they had no knowledge of the case.

Without notice from either the responsible authorities or diplomatic channels, Mr Al Hadj arrived on 7 July 2009 at Khartoum airport in a critical state and was immediately transferred to Khartoum hospital, where he remains in a precarious state.

According to his testimony, he was secretly detained in an unknown location for 15 days by the Egyptian Intelligence. He was blindfolded, handcuffed and made to lie on his side for nearly the entire time. His jailors wanted to torture him with electricity but were advised by a doctor who examined Mr Al Hadj that such torture would probably kill him. He witnessed the torture of other detainees using electricity as well as sexual aggressions.

Owing to his deteriorating health, the Egyptian authorities preferred to send him back to Khartoum, where remains hospitalized to this day.

Egypt has ratified the Convention against Torture on 25 June 1986 and the International Covenant on Civil and Political Rights on 14 January 1982.

We recall that Egypt will be considered under the UPR of the Human Rights Council in early 2010 and that Alkarama will be presenting a report in this regard.

Egypt - HR Instruments

International Covenant on Civil and Political Rights (ICCPR)

ICCPR: Ratified on 14.01.1982
Optional Protocol: No

State report: Overdue since 01.11.2004 (4th)
Last concluding observations: 28.11.2002

Convention against Torture (CAT)

CAT: Accessed on 25.06.1986
Optional Protocol: No
Art. 20 (Confidential inquiry): Yes
Art. 22 (Individual communications): No

State report: Due on 25.06.2016 (initially due in 2004)
Last concluding observations: 23.12.2002

International Convention for the Protection of all Persons from Enforced Disappearance (CED)

No

Universal Periodic Review (UPR)

Last review: 02.2010 (1st cycle)
Next review: 2014 (2nd cycle)

National Human Rights Institution (NHRI)

National Council for Human Rights (NCHR) – Status A

Last review: 10.2006
Next review: Deferred