prolonged or unnecessary use of such restraints can of itself constitute cruel,
inhuman or degrading treatment or punishment (hereinafter referred to as other
ill-treatment).
76. The Complainants submit that the Victim was in constant fear of torture and was
unable to sleep as he never knew when the authorities would come to interrogate
and beat him.
77. The Complainants aver that the authorities ensured that the Victim was in a state
of maximum vulnerability during his interrogations and torture, such as when he
was forced to strip to his underwear before being electrocuted or beaten.
78. The Complainants further aver that the psychological pain and suffering inflicted
by the State as well as the sense of helplessness was so severe as to cause the
Victim to go on a hunger strike and to attempt suicide twice.
79. The Complainants submit that the torture inflicted on the Victim is corroborated
by his injuries, medical evidence, and reports from human rights organisations.
The Complainants highlight the 2007 opinion by the UN Working Group on
Arbitrary Detention which inter alia confirmed that the Victim among other
individuals was held in incommunicado detention, tortured and kept in conditions
which amounted to ill-treatment. The Complainants highlight the reports of
Amnesty International from 2008 and 2011, and the report of FIDH from 2010, all
of which allege torture specifically of the Victim.
Incommunicado detention constitutes torture
80. The Complainants aver that the Victim was held in incommunicado detention for a
prolonged period of time including the first six weeks of his detention in 1995
and later for three months in 2008, such as to amount to torture or other illtreatment in violation of Article 5. The Complainants submit that during this time,
the family members of the Victim and an advocate received permission from the
public prosecutor to visit the Victim, but were denied access when they arrived at
the prison. The Complainants further submit that the fact that the Victim was
handcuffed and blindfolded during much of the time he was held in
incommunicado detention, rendered the Victim particularly vulnerable to Article 5
violations.
81. The Complainants add that the Commission has often found that incommunicado
detention constitutes a violation of Article 5, and could be a form of ill-treatment.
82. The Complainants refer to the reports of the UN Special Rapporteur on Torture
and other Ill-treatment and Human Rights Watch which allege torture in the
detention sites where the Victim was held. The Complainants draw the attention
of the Commission to an alleged broader pattern of torture in Egypt, as
evidenced by these reports, against security detainees.
Conditions of detention violated the right to dignity
12