in the Commission’s own jurisprudence and clearly stated in the Principles on Effective Investigation and Documentation, “[e]ven in the absence of an express complaint, an investigation shall be undertaken if there are other indications that torture or ill-treatment might have occurred.”59 234. The Commission finds that the allegations of torture in the present Communication were duly brought to the attention of the Respondent State. However, the Respondent State, failed to initiate prompt, impartial and effective investigations into the Victim’s allegations of torture, contrary to its obligations under the African Charter and UNCAT. iv. Whether there are systematic deficiencies in the domestic law on torture and accountability structure 235. The Complainants allege that the Respondent State’s failure to investigate the Victim’s allegations of torture is, in substantial part, a result of deficiencies in the country’s legal structure, particularly the narrow definition of torture, and restrictions on the rights of victims when the alleged perpetrator is a public official. a. Narrow definition of torture 236. The Complainants aver that the definition of torture under Article 126 of the Egyptian Penal Code does not conform to the definition under Article 1 of UNCAT. 237. In response to this allegation, the Respondent State submits that the 2014 Constitution of Egypt guarantees the right to dignity and prohibits all forms of torture and other ill-treatment. The Respondent State argues that the Penal Code does not contain a definition of torture, allowing for a broader interpretation to include all forms of torture. The Respondent State submits that Articles 126 and 282 of the Penal Code criminalise torture.60 The Respondent State adds that there are also other articles which criminalise torture, and if any violation is proven, fault cannot be attributed to legislative failure, as torture is punishable under the Egyptian legal system. 238. Article 126 of the Penal Code states: “Any public official/civil servant or public employee who orders the torturing [of] an accused person or does the torturing personally, in order to force him/her to confess, shall be punished with strict imprisonment or imprisonment for a period of three to ten years. If the tortured victim dies, the penalty as prescribed for deliberate murder shall be imposed”. 239. Article 1 of UNCAT defines torture as: Principles on Effective Investigation and Documentation, Principle 2. Article 282 of the Penal Code of Egypt provides that “… A penalty of temporary hard labour shall in all cases be ruled against whoever arrests a person without any legitimate claim, and threatens him with killing, or torments him with physical torture.” 59 60 37