under its 2014 Constitution which guarantees the right to dignity, and prohibits
all forms of torture, and ill-treatment of arrested or detained persons.
147. The Respondent State further contends that the 2014 Constitution provides
that there is no statute of limitation for torture. The Respondent State submits
that the Constitution further provides that there is no statute of limitation for
both civil and criminal proceedings for an assault on the personal freedoms or
sanctity of the life of citizens, along with other general rights and freedoms
guaranteed by the Constitution and the law. The provision further adds that the
state guarantees just compensation for those who have been assaulted. The
Respondent State submits that this ensures that no criminal goes unpunished and
that the victim accesses compensation for damages inflicted, even when the
complaint occurs at a later stage due to fear of the victim. The Respondent State
submits that Article 302 of the Criminal Procedure Code also stipulates that there
is no statute of limitation for acts of torture.
148. The Respondent State avers that in addition to Articles 126 and 282 of the
Penal Code, other provisions also criminalise torture. The Respondent State
therefore submits that if any violation is proven, the fault cannot be attributed to
a legislative failure as the violation is punishable according to the Egyptian legal
system.
149. The Respondent State submits that the Penal Code criminalises imprisonment
without reason and the punishment of a person more than necessary under
Articles 127 and 280. The Respondent State submits that the Criminal Procedure
Code provides that the courts may not consider a statement issued by an accused
or a witness under duress.
150. The Respondent State submits that Egypt is committed to its international
obligation to eradicate torture as evidenced by its laws and the judicial
pronouncements of the Egyptian judiciary.
151. The Respondent State argues that the Penal Code does not contain a
definition of torture but generally mentions it, allowing for a broader
interpretation to include all forms of torture.
152. The Respondent State avers that there is no direct and confirmed link between
the Victim’s allegations of torture and Article 126 of the Penal Code related to
torture.
153. The Respondent State argues that the Victim did not renew his application by
forwarding his complaints when he learned that his previous complaints went
missing during the events of January 2011, in accordance with the rules
regulating cases of missing documents under the Criminal Procedure Code. The
Respondent submits that as a result, investigations on the allegations of torture
have not been carried out by the competent authorities. The Respondent adds
that the Victim however still has the right to renew his claims by forwarding all
available evidence and arguments, and taking legal action under the abovementioned legislative and constitutional regime.
Alleged violation of Article 6
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