“any act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes
as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has
committed or is suspected of having committed, or intimidating
or coercing him or a third person, or for any reason based on
discrimination of any kind, when such pain or suffering is
inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an
official capacity.”85
163. The African Commission will now seek to address issues as outlined in the
submissions of the Complainants viz:
(a)
the Arab Republic of Egypt, through its State Security Intelligence
force tortured and/or ill-treated the Victims;
(b)
the State, through its intelligence services, prosecutor‟s office and
security court, denied the Victims the essential safeguards against
torture and ill-treatment, including prompt access to counsel, to a court
and to medical personnel, and has permitted the admissibility of
“confessions” obtained through torture in proceedings against them.
(c)
the State has failed to conduct an effective investigation into these
alleged acts of torture and ill-treatment and no diligent attempts have
been made to hold anyone to account.
164. The facts of torture as contained in the complaints is that the SSI agents
subjected the victims to repeated electrical shocks, beatings, prolonged
hanging by the leg, binding and blindfolding aimed at their complete
disorientation.
165. The Respondent State on the other hand submit that the investigations
carried out by the Public Prosecutor established that it has conducted external
check on the accused persons immediately when they were brought before it
and that it was confirmed that they were free from any external injuries. The
85
Art. 1 CAT.
48
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات