138. The Respondent State submits that regardless of who is in power, the judicial
and constitutional protection guaranteed by the Egyptian legal system remains
available to the Victim who may still resort to competent judicial authorities.
139. The Respondent State avers that legislation in contradiction with the
Constitution should be challenged before the Supreme Constitutional Court.
140. The Respondent State submits that the submission of the Complainants do
not point out the local remedies available to the Victim. The Respondent State
alleges that instead of advising the Victim, the aim of the Complainants was to
achieve political gains against Egypt.
Alleged violation of Article 5
141. The Respondent State submits that the allegations of torture are unsupported
by evidence and their veracity is impossible to verify. The Respondent State
submits that the evidence presented by the Complainants on torture is lacking, as
they provided dispersed paper cuttings with no link to the complaints submitted.
142. The Respondent State submits that human rights reports cannot be used as
evidence of torture.
143. The Respondent State highlights that the complaint contains data and reports
that do not directly touch on the allegations.
144. The Respondent State highlights that the complaint does not explain the
Victim’s background nor does it set out the reasons for the Victim’s presence in
Pakistan and why he obtained Pakistani nationality. The Respondent State
submits that the Victim is a dangerous member of a terrorist organisation aimed
at undermining and disturbing the stability and security of the state. The
Respondent further submits that in light of the continuity of his threat and
danger, and his attempt to implement criminal plans, some precautionary and
legal actions were taken during the state of emergency in accordance with the
Emergency Law. The Respondent adds that the Victim was released on 17 March
2011.
Alleged violation of Articles 5 and 1
145. The Respondent State submits that it is absolutely impossible for the
competent authorities to verify the authenticity of the Victim’s allegations
regarding the submission of complaints, and the State is therefore unable to
provide the Commission with information on the matter. The Respondent State
refers to the loss of information following the revolution of January 2011 which
led to the storming of most Egyptian prisons and the burning and looting of
Public Prosecution headquarters and police stations.
146. The Respondent State submits that since 1971, successive Egyptian
constitutions have included articles on the prevention of torture and ill-treatment
in accordance with the international human rights instruments to which Egypt is
a party. The Respondent State submits that the commitment of Egypt is reflected
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