226. The Respondent State on the other hand submits that it was absolutely
impossible for the competent authorities to verify the authenticity of the Victim’s
allegations that he submitted complaints, and that it was therefore unable to
provide the Commission with information on the matter. The Respondent State
further submits that information was lost following the revolution of January
2011 which led to the storming of prisons, and the destruction of the Public
Prosecution headquarters and police stations.
227. The Respondent State argues that the Victim did not renew his application by
forwarding his complaints when he learned that his previous complaints had
gone missing, in accordance with the requirement under the Criminal Procedures
Code. The Respondent State contends that as a result, investigations into the
allegations of torture had not been carried out by competent authorities. The
Respondent State adds that the Victim still has the right to renew his claims by
forwarding all available evidence and arguments, and taking legal action under
Egypt’s legislative and legal regime, so that an investigation can take place.
228. The UNCAT, which the Respondent State is party to, provides that a State
Party should ensure that any individual who alleges he has been subjected to
torture in its territory has the right to complain to and to have his case promptly
and impartially examined by, its competent authorities.49 Further, the Robben
Island Guidelines, state that investigations into all allegations of torture or illtreatment shall be conducted promptly, impartially and effectively, guided by the
Istanbul Protocol.50
229. According to the Istanbul Protocol, the broad purpose of investigation is to
establish the facts relating to alleged incidents of torture in order to identify
perpetrators and facilitate their prosecution, and to obtain redress for victims.51
The Protocol adds that those carrying out investigations must at a minimum,
seek to: obtain statements from victims of alleged torture; recover and preserve
evidence related to the alleged torture; identify possible witnesses and obtain
statements from them concerning the alleged torture; and determine how, when
and where the alleged incidents of torture occurred and any pattern or practice
that may have brought about the torture.52
230. Furthermore, the Principles on the Effective Investigation and Documentation
of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
(the Principles on Effective Investigation and Documentation), which form an
integral component of the Istanbul Protocol, provide that States shall ensure that
“[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
49
UNCAT, Article 13.
Robben Island Guidelines, Guideline 19.
51
Istanbul Protocol, para 77. The Commission in its jurisprudence has also held that where there are
allegations of torture, the State is under the obligation to initiate a prompt, impartial and effective
investigation in order to determine the veracity of the allegations and to bring the perpetrators to
justice if the allegations are founded, as well as to afford redress to the victims (Monim Elgak and others
v. Sudan (n 45 above), para 100).
52
Istanbul Protocol, para 77.
50
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