COMMITTEE AGAINST TORTURE CONTINUES REVIEW OF REPORT OF EGYPT

CAT
29th session
14 November 2002
Afternoon



The Committee against Torture continued review this afternoon of a fourth periodic report of Egypt, hearing replies by a Government delegation to a series of questions and receiving assurances that the Egyptian Government was not opposed to a visit by the Commission on Human Rights' Special Rapporteur on torture.
Egyptian officials explained that incompatible timetables had not made such a visit possible to date, but said Egypt always fulfilled its obligations under the Convention against Torture and always cooperated with United Nations Special Rapporteurs.
Ambassador Naela Gabr, Permanent Representative of Egypt to the United Nations Office at Geneva, responding to questions put by Committee members on Wednesday, noted that Egypt was one of the first countries to contribute to the elaboration of the Convention on the Rights of the Child and was continuing its efforts to protect children.
The Egyptian delegation provided information on various allegations of torture mentioned by the Committee on Wednesday. In one case, the delegation said, an autopsy of a prisoner had been carried out which concluded that death had occurred because of a psychological problem following injuries suffered. The prison officer responsible had been put in prison for one year and had appealed his sentence.
The Committee’s formal conclusions and recommendations on the report of Egypt will be issued at 3 p.m. Wednesday, 20 November.
Egypt, as one of the 131 States parties to the Convention against Torture, is required to submit periodic reports on efforts to put the Convention’s provisions into effect.
The Committee will reconvene at 10 a.m. Friday, 15 November, to begin review of a third periodic report of Cyprus.

Discussion
Ambassador NAELA GABR, Permanent Representative of Egypt to the United Nations Office at Geneva, replying to questions asked by Committee members upon presentation of Egypt’s report on Wednesday, said among other things that information concerning the Prison Renovation Plan for 2000-2002, the number of deaths during detention, human rights training programmes for the police, the number of cases of torture and ill-treatment by the police between 1998 and 2002, and information concerning impunity and compensation for victims of torture would be distributed to the Committee shortly.
Ms. Gabr said the Government was the main actor regarding the issues of human rights, even if it fulfilled its responsibilities with the support of NGOs and human rights organizations. A national comprehensive vision was essential for transparency in such matters, she said. She said NGOs provided essential help in promoting human rights; there were more than 16,000 in Egypt, and the Government did its best to promote their work. Laws monitored the exercise of human rights and freedoms but also the obligations of NGOs not to carry out activities that touched on military matters. The fact that Egyptian NGOs had the possibility of coming to Geneva to be present at the meeting of the Committee proved that they had freedom of action, she said.
A National Human Rights Commission, which would complete the work of the actual National Council for Women, was to be set up, said Ms. Gabr.
Egyptian legislation clearly defined the elements of torture, said Ms. Gabr. Excisions, mutilations and rapes were specific offences against women and were punishable. Women's prisons existed and anybody working in those prisons was a woman, she added.
Egypt was one of the first countries to contribute to the elaboration of the Convention on the Rights of the Child, recalled Ms. Gabr, and the country was continuing its efforts to protect children. The State tried to control juvenile delinquency and begging, and special institutions had been established to host children without families. In case of offences committed by children, penal sanctions were avoided and replaced by specific measures adapted to the age of the child. The National Council for the Mother and Child helped to monitor the situation. Any breach of the rights of the child was considered an offence, Ms. Gabr said.
In response to queries about cooperation by the Egyptian Government with the Commission on Human Rights' Special Rapporteur on torture, Ms. Gabr said Egypt had made reservations to various international instruments it had ratified but did not challenge the goals of such instruments. Egypt always fulfilled its obligations under the Convention against Torture, and always cooperated with the United Nations Special Rapporteurs in order to provide a maximum of information. Ms. Gabr said that because of an incompatibility of timetables, the Rapporteur on torture had never had the opportunity to visit Egypt but the country had never been against such a visit. Dialogue with international bodies had to be continued, and remain constructive and serious, she said.
Egypt had not experienced a problem with minorities, Ms. Gabr said; the population was homogeneous and Copts were considered to be Egyptians.
Ms. Gabr said there was no text in Egyptian legislation that condemned homosexuality, only laws that fought against sexual exploitation.
The Division of Forensic Medicine was under the authority of the Ministry of Justice, the Egyptian delegation said. Egypt had been one of the first countries to establish a link between medicine and law. At the end of the 19th century was it had created its first medical school that examined criminal matters. The Forensic Department was considered to play a role in assisting justice and was therefore independent. It had to examine cases of death for criminal reasons, cases of sexual abuse of women or men , and the health status of prisoners who were to be released; it also participated in court proceedings. Forensic doctors were trained to protect human rights, said the delegation.
In cases of death of a prisoner or detainee, there was an investigation to see if there was any involvement by authorities, the delegation said. Such a death might not be due to torture but because necessary care had not been provided after an injury. It was also necessary to establish the facts, as injuries were not systematically the consequence of aggression on the part of police or prison authorities. Indeed, people often inflicted injuries to themselves voluntarily, said the delegation.
Inspections of the different places of detentions by the Prosecutor’s office took three forms, said Ms. Gabr. A visit was made once a month to police stations; surprise visits were made to various places of detention; and visits were made following complaints. An inspection had to make sure all prisoners’ rights were respected, and a member of the judiciary had to check the register that contained the name of every person detained. In case of unjustified detention, such a person was released unconditionally. In case of a criminal death of someone in custody, a representative of the judiciary went to the place where the crime had been perpetrated, examined the body, and found out what instruments had been used. Witnesses were questioned as well as family members and those responsible. A case was brought to court and an appeal was possible.
Following the recommendations of the Committee against Torture, Egypt established a National Commission on Human Rights within the Ministry of the Interior, the delegation said. This Commission was competent to remark on violations of human rights and to put forward measures to enhance respect for human rights. Recommendations were sent to the several internal bodies in order to apply the provisions of international instruments on human rights.
In responding to a question put by a Committee member, the delegation said the Islamic Liberation Party was a secret, terrorist, fundamentalist and extremist organization created at the end of 1940.
Provisional detention was a measure to prevent terrorism, fit within the framework of the law and was under tight surveillance, the delegation said. Administrative detention varied from day to day, and it was difficult to put a figure on the number of people held. Incommunicado detention was a disciplinary measure used against particularly dangerous prisoners, and could only last one week.
The delegation said disciplinary sanctions against police officials found guilty of maltreatment could consist of warnings, cancellation of an allowance, deprivation of salary, or dismissal. Several types of disciplinary councils existed, and disciplinary procedures did not prevent criminal proceedings from being brought.
The delegation said follow-up had been made to various allegations of torture mentioned Wednesday by the Committee. In one case, an autopsy had been carried out in order to understand the reason for the death of a prisoner, and the conclusions were that it occurred consequent to a psychological problem following injuries suffered by the prisoner. The prison officer responsible had been put into prison for one year and had appealed his sentence.
Legislation specified the reasons and conditions of the current state of emergency in Egypt, the delegation said. Prevailing law under the state of emergency did not authorize torture. The normal course of justice was maintained and prosecutions of perpetrators of torture were carried out.
The delegation said a death penalty could only be pronounced after an advisory opinion of the Mufti -- a Muslim legal expert empowered to give rulings on religious matters -- and through a unanimous decision of a tribunal. Then the Constitutional Court had to confirm the sentence, even if the person convicted didn’t ask for an appeal. The sentence, which was carried out by hanging, was not applied if the person convicted was under 18 years old.
Compensation was possible in cases of torture, and the victim had the possibility to go before a civilian court to ask for it, the delegation said. Estimation of the award was made by the authorities, who calculated the level of injury.



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