COMMITTEE AGAINST TORTURE ISSUES CONCLUSIONS AND RECOMMENDATIONS ON REPORT OF EGYPT

CAT
29th session
20 November 2002



The Committee against Torture issued conclusions and recommendations this afternoon on a fourth periodic report of Egypt, praising such positive developments as the enactment of a legislation banning flogging as disciplinary penalty for prisoners; and the Circular Letter of 1999 regulating the procedures for the unannounced inspections, which the Department of Public Prosecutions had an obligation to conduct in places of detention.
The Committee was aware of the difficulties Egypt faced in its prolonged fight against terrorism, but recalled that no exceptional circumstances could be invoked as a justification for torture and expressed concern at the possible restrictions of human rights which may result from measures taken for that purpose.
Concern was expressed about the large number of complaints of detainees for torture and maltreatment inflicted by law enforcement officials and the absence of measures ensuring effective protection and prompt and impartial investigations, as many reports related to numerous cases of death in custody; and about the widespread evidence of torture and ill-treatment in administrative premises under the control of the State Security Investigation Department, the infliction of which was reported to be facilitated by the lack of any mandatory inspection by an independent body of such premises.
The Committee recommended Egypt to agree to a visit by the Special Rapporteur on torture of the Commission on Human Rights, bearing in mind the statements made by the delegation concerning its willingness to cooperate with the UN human rights bodies; and to ensure that all detained persons had immediate access to a doctor and a lawyer, as well as contact with their families.
The delegation said it found the Committee’s conclusions and recommendations more negative than the disussion that took place during the examination of the report. Indeed, several Committee members had insisted on the fact that progress had been achieved in many fields. The delegation found that some political judgments given by the Committeee went beyond its mandate, and said it was hoping this was not the sign of the end of the cooperation between the State Parties and the Committee.
Egypt, as one of the 131 State parties to the Convention, is requiered to submit periodic report reports to the Committee on efforts to eradicate torture and maltreatment, and to put the provisions of the international into effect.
The Committee will reconvene at 3 p.m. on Thursday, 21 November to provide its conclusions and recommendations on the initial report of Estonia.

Conclusions and Recommendations on Fourth Periodic Report of Egypt
The Committee cited among positive developments the enactment of a legislation banning flogging as disciplinary penalty for prisoners; the Circular Letter of 1999 regulating the procedures for the unannounced inspections which the Department of Public Prosecutions had an obligation to conduct in places of detention, particularly when it received written or verbal reports or notifications indicating that a person was held illegally at a police station or other place of detention; the decisions taken by Egyptian courts to refuse any confession extracted under duress as an evidence; the efforts undertaken by the State parties to give greater emphasis to human rights training of law enforcement officials and public servants; the establishment in 1999 of a Human Rights Committee; the establishment in 2000 of the Directorate-General for Human Rights Affairs at the Ministry of Justice with the purpose of assuming responsibility for the fulfillment of the legal aspects of international obligations arising from human rights instruments, and also to prepare replies to international bodies and to promote greater public awareness; and Egypt’s efforts to set up a National Human Rights Commission.
The Committee was aware of the difficulties Egypt faced in its prolonged fight against terrorism, but recalled that no exceptional circumstances could be invoked as a justification for torture and expressed concern at the possible restrictions of human rights which may result from measures taken for that purpose.
Concern was expressed over the maintain of the state of emergency since 1981, hindering the full consolidation of the rule of law in Egypt; the large number of complaints of detainees for torture and maltreatment inflicted by law enforcement officials and the absence of measures ensuring effective protection and prompt and impartial investigations as many reports related to numerous cases of death in custody; the widespread evidence of torture and ill-treatment in administrative premises under the control of the State Security Investigation Department, the infliction of which was reported to be facilitated by the lack of any mandatory inspection by an independent body of such premises. The Committee also expressed concern about the many reports of abuse of under-age detainees, especially sexual harassment of girls, committed by law enforcment officials, the lack of monitoring machinery to investigate such abuse and prosecute those responsible, and the fact tat minors were kept in places of detention in contact with adult detainees; the reports received concerning ill-treatment inflicted on men because of their real or alleged homosexual inclinations, apparently encouraged by the lack of adequate clarity in penal legislation, the continued use of administrative detention in Egypt; the fact that victims of torture and ill-treatment had no direct access to the courts to lodge complaints against law enforcement officials; the excessive length of many of the proceedings initiated in cases of torture and ill-treatment, and the fact that many court decisions for the release of detainees were not enforced in practice; the legal and practical restrictions on the activities of non-governemental organizations engaged in upholding human rights; and the significant disparities in compensation granted to the victims of torture and ill-treatment.
Among the Committee’s recommendations were that Egypt reconsidered the maintenance of the state of emergency; adopted a definition of torture which fully corresponded to the definition in article 1 of the Convention; guaranteed that all complaints of torture or ill-treatment, including those relating to death in custody, were investigated promptly, impartially and independently; and ensured that mandatory inspection of all places of detention by prosecutors, judges or another independent body took place, and did so at regular intervals. The Committee also recommended to Egypt to ensure that all detained persons had immediate access to a doctor and a lawyer, as well as contact with their families; eliminate all forms of administrative detention, and ensure that the premises controlled by the State Security Investigation Department were subjected to mandatory inspection, and reports of torture or ill-treatment committeed there should be investigated prompltly and impartially; ensure that legislation gave full effect to the righs recognized in the Convention, and institute effective remedies for the exercise of such rights and ensure in particular that proceedings took place within a reasonable time after the submission of complaints, and that any court decision for the release of a detainee was actually enforced. The Committee also recommended Egypt to abolish incommunicado detention, ensure that all persons convicted by decisions of military courts in terrorism cases had the right to their conviction and sentence being reviewed by a higher tribunal according to law; halt and punish all practices involving abuse of minors in places of detention, and ban the holding of under-age detainees with adult detainees; remove all ambiguity in legislation which might underpin the prosecution of individuals because of their sexual orientation; and steps had to be taken to prevent all degrading treatment on the occasion of body searches. The Committee urged Egypt to establish the State’s jurisdiction over all persons alleged to be reponsible for torture who were present in the country and were not extradited to other States in order to be brought to justice. The Committee reiterated to Egypt the recommendations addresed to it in May 1996 on the basis of the conclusions of the Committee reached under the procedure provided for in article 20 of the Convention and requested the Stated party to inform it of the steps it had takenb to implement them. The Committee also recommended Egypt to agree to a visit by the Special Rapporteur on torture of the Commission on Human Rights, bearing in mind the statements made by Egypt concerning its willingness to cooperate with the UN human rights bodies. Egypt was also recommended to ensure that NGOs engaged in upholding human rights purssue their activites inhindered, and in particular that they had access to all placed of detention and prisons so as to guarantee greater compliance with the ban on torture; and to establish precise rules and standards which enable the victims of torture to obtain full redress, while avoiding any insufficiently justified disparities in the compensation which was granted.
The delegation said it found the Committee’s conclusions and recommendations more negative than the disussion that took place during the examination of the report. Indeed, several Committee members had insisted on the fact that progress had been achieved in many fields. Moreover, the delegation had answered questions on various points on which the Committee had expressed recommendations. The delegation found that some political judgments given by the Committeee went beyond its mandate, and said it was hoping this was not the sign of the end of the cooperation between the State Parties and the Committee. Egypt was hoping that the recommendations would be practible and easly incorporated in its legislation, which what not the case.



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