Complainants’ Observations on the Merits Submissions of the Respondent
State
Exhaustion of local remedies
167. The Complainants argue that the Respondent State’s arguments on the
exhaustion of local remedies are neither necessary nor appropriate at this stage.
The Complainants aver that the Commission has already determined the issue.
168. The Complainants submit that even if the Commission was to re-examine the
admissibility of the Communication, there is nothing in the submission of the
Respondent State which undermines the admissibility determination of the
Commission.
169. The Complainants submit that the Respondent State’s claim that the Victim
should have applied to the administrative courts ignores that these courts could
not bring about the release of the Victim, but could only order compensation
which is an insufficient remedy. The Complainants point to the alleged
inadequacy of administrative courts, referring to the unsuccessful attempt in 2008,
when the Victim’s lawyers brought a case before the Administrative Courts
challenging the illegal detention of the Victim and demanding his release and
compensation. The Complainants further submit that the claim of the
Respondent State ignores the core issue in this case which is the fact that the
Government for over 15 years has refused to implement the decisions of its own
courts and that remedies have already become unduly delayed.
170. The Complainants urge the Commission to reject the Respondent State’s
contention that the Victim did not re-file his complaint regarding his torture.
Alleged violation of Article 5
171. The Complainants refute the Respondent State’s argument as to the lack of
evidence to corroborate the allegations of torture. The Complainants submit that
the Victim provided the Commission with substantial, direct, credible and
consistent evidence, together with additional corroborating material, proving his
torture and related abuses. The Complainants refer to the detailed and signed
statement of the Victim; medical examinations, documents, and photographs;
report of the UN Working Group on Arbitrary Detention; and non-governmental
human rights reports.
172. The Complainants allege that the abuses described by the Victim and the
evidence are consistent with a pattern and practice of abuse to which other
detainees held under Egypt’s Emergency Law were regularly subjected,
including the types of torture methods applied to other Emergency Law
detainees, the detention conditions to which the Emergency Law detainees were
subjected, the location where other Emergency Law detainees were held, and the
time at which abused Emergency Law detainees were held. The Complainants
further allege that most of the abuses suffered by the Victim are consistent with
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