disparities between UNCAT’s definition and that incorporated into domestic law create actual or potential loopholes for impunity.”66 245. The Commission acknowledges that unlike the Penal Code, the 2014 Constitution of Egypt includes the element of “physical and mental harm” under Article 55. However, both the Penal Code and Constitution do not provide a definition of torture, nor capture the cumulative elements enshrined under Article 1 of UNCAT. Furthermore, while the constitutional prohibition of torture is necessary, appropriate enabling laws are essential to ensure victims’ access to judicial redress. The absence of enabling legislation that clearly criminalises torture and other ill-treatment obstructs victims capacity to access their right to redress.67 246. The Commission finds that as a result of this shortcoming, the Respondent State’s legal framework fails to ensure that all acts of torture and involvement in acts of torture are offences under its criminal law, hindering victims’ capacity to obtain redress. The Commission also finds that this is a violation of the State’s obligation under Guideline 4 of the Robben Island Guidelines. b. Classification of ill-treatment as a low-level offence 247. The Complainants also point out that Article 129 of the Penal Code classifies cruelty by a public official or any person charged with performing a public service as a low level offence, carrying a possible sentence not exceeding one year or a fine not exceeding 200 Egyptian pounds (less than 30 USD).68 248. As compared to the above, the Commission notes that the Respondent State’s sanctions for acts of torture are higher. Article 126 of the Penal Code provides for strict imprisonment or imprisonment for a period of three to ten years. It adds that “[i]f the tortured victim dies, the penalty as prescribed for deliberate murder shall be imposed.” The Commission however observes that the penalty for acts of ill-treatment is conversely lower, as evidenced by Article 129 of the Penal Code. 249. As noted by the UN Committee against Torture, the definitional threshold between cruel, inhuman or degrading treatment or punishment (ill-treatment) and torture is not often clear.69 However, the conditions that give rise to illtreatment frequently facilitate torture and therefore the measures required to prevent torture must be applied to prevent ill-treatment.70 66 General Comment No. 2 (n 46 above), para 9 UN Committee against Torture, General Comment No. 3: Implementation of Article 14 by State Parties (2012) para 19. 68 Article 129 of the Egyptian Penal Code states that “any public official or employee/civil servant or any person charged with performing a public service who employs cruelty with people, depending on his position, such that he/she commits a breach of their honor, or incurs bodily pains to them, shall be punished with detention for a period not exceeding one year or paying a fine not exceeding two hundred pounds.” 69 General Comment No. 2 (n 46 above), para 3. 70 As above. 67 39