this treatment, which was inflicted by state officials on the victims, which
intended to elicit confessions and information, clearly meets the torture
threshold.
114. The Complainants also argue that, although the context of the Victims
incommunicado detention and interrogation is such that available evidence is
necessarily limited, the allegations of torture and ill-treatment are supported
by the victims‟ independent testimonies of similar ill-treatment. According to
the Complainants, the fact that the victims were held incommunicado,
hidden from the outside world during the 6-9 months of pre-trial detention,
and that access to medical professionals was persistently denied until during
trial itself is indicative of ill-treatment. They submit that, the irregular nature
of the “interrogation” sessions which is also consistent with the decision to
interrogate late at night is a form of ill-treatment.
115. The Complainants submit that the Forensic Medical Report, following the
examination of the first victim on 5 July 2005, nearly nine months after his
injuries were sustained, noted “healings” and “dark discolorations” on his
right and left forearms, right elbow, left thigh, upper left leg and left hip joint.
The second report of the FMA of 27 May 2006, following examination of the
second and third victims also nearly nine months after their torture, found
that the Second victim had a “darker intersecting discolorations” all over his
back, as well as an unhealed fracture in a left foot toe and that the third
victim had dark discolorations in the chest, abdomen and upper arms. The
Complainants concede that, in both cases the government examiners
concluded that the long time lapse between being examined and the injuries
made it impossible to determine with certainty the reason, manner or time of
such injuries.”
116. The Complainants aver that their allegations are consistent with reports of
the systemic nature of torture by security forces in Egypt in cases such as the
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