83. The Complainants further allege that the Victim’s conditions of detention
violated his right to dignity under Article 5, and amounted to ill-treatment. The
Complainants submit that the cells where the Victim was detained were small
(150cm x 75cm at Abu Za’bal) and frequently overcrowded (30 prisoners in cells
so small, they had to take shifts sleeping at Damanhour). The Complainants
submit that many of the cells had no access to sanitary facilities, lacked proper
ventilation and were at times filled with sewage water. The Complainants add
that the Victim had at times no access to fresh water, and that for a significant
portion of his detention, the Victim was blindfolded and handcuffed.
Alleged violation of Articles 5 and 1
Failure to provide safeguards against torture
84. The Complainants submit that the Respondent State failed to provide adequate
safeguards against torture, including by denying the Victim access to medical
assistance and a lawyer; preventing his family from knowing where he was or
from visiting him; failing to properly register his detention and failing to bring
him promptly before an effective judicial authority.
85. The Complainants submit that the obligation to provide effective safeguards
against torture is contained in Article 1 of the Charter. The Complainants allege
that the above-stated failures and denials by the Government left the Victim
exceptionally vulnerable to the torture and constitute a violation of the State’s
positive obligations under Articles 1 and 5 of the Charter.
Failure to conduct prompt, impartial and effective investigation of torture
86. The Complainants allege that no prompt, impartial and effective investigation
has been undertaken into the torture of the Victim as required by Articles 1 and 5
of the Charter. The Complainants allege that this failure occurred despite the
Egyptian authorities being on ample notice of the allegations of torture, following
numerous complaints by the Victim and his sister to the Public Prosecutor. The
Complainants submit that those complaints related to the Victim’s torture in
detention and the lack of access to medical treatment for injuries he suffered as a
result of the torture and other conditions of detention. The Complainants submit
that none of the complaints were effective in obtaining redress, as they were
simply ignored and no investigation was undertaken.
87. The Complainants allege that not only did the authorities fail to take basic
investigative steps, the reaction of the authorities was to retaliate by beating the
Victim and sending him to an isolated jail where he was tortured on arrival.
88. The Complainants aver that following the release of the Victim in March 2011,
the Victim asked the public prosecutor about the complaints that had previously
been filed, only to be told that the files no longer existed.
Systematic deficiencies in domestic law and accountability structure
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