Interior 1 million Egyptian Pounds (approximately USD 140, 000) for torturing a
woman for eight days before she confessed to murder.137
Legislative reforms
341. The Complainants submit that the Respondent State should reform its laws to
prevent similar violations from recurring. The Complainants specifically request
that the Respondent State:
Harmonises the Emergency Law to conform to the Charter and other
international and regional standards, including by abolishing administrative
detention and dissolving the State Security Emergency Courts;
Revising Article 126 of the Egyptian Penal Code to align it, at a minimum,
with the definition of torture under Article 1 of UNCAT;
Revise Article 129 of the Egyptian Penal Code so that it does not treat acts of
torture or cruel, inhuman or degrading treatment as low level offences;
Amending the Code of Criminal Procedures to ensure that torture victims
have the same rights regardless of whether the accused is an official or not.
Safeguards against torture
342. The Complainants request the Respondent State to put in place safeguards to
ensure non-repetition of the violations. The requested safeguards include
independent oversight of detention facilities; proper registration of detention and
release; an effective complaints mechanism for detainees; access to a lawyer
throughout the period of detention; and immediate access to a doctor, as well as
contact with their families.
Acknowledgment, publication and apology
343. The Complainants request acknowledgment of and apology for the violations
by the Respondent State.
Analysis of the Commission on reparations
344. In accordance with the established jurisprudence of the Commission, the
violation of rights protected by the Charter entitles victims to damages, including
monetary remedy.138 The Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law (the
Guidelines on the Right to Remedy and Reparation) also state that full and
effective reparations include restitution, compensation, rehabilitation, and
Al-Masry Al-Youm, “Interior Ministry fined LE1 million for torturing detained actress,” Egypt
Independent, 2 October 2012.
138
Communication 318/06 – Open Society Justice Initiative v. Côte d’Ivoire (2015) ACHPR, para 198.
137
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