Egypt’s Challenge: Confronting Torture and Upholding Human Rights
by Peace Brenda Amito, REDRESS Consultant
Despite being a signatory to numerous international and regional human rights treaties, Egypt has systematically used torture as a tool to repress human rights defenders, political activists, marginalised communities such as LGBTIQ+ persons and others. The systemic and widespread nature of torture in Egypt may constitute a crime against humanity, as highlighted by our report Torture in Egypt: A Crime against Humanity.
Egypt’s practice of torture has been condemned by various international bodies. The African Commission, for example, has decided against Egypt in several landmark cases including the Egyptian Initiative for Personal Rights and INTERIGHTS v. Egypt and Mohammed Abderrahim El Sharkawi v. Egypt, finding that Egypt violated Article 5 of the African Charter on Human and People’s Rights, which prohibits torture and inhumane treatment.
These decisions ordered reparations such as financial compensation for victims, judicial and legislative reforms, and the establishment of independent investigative bodies. However, Egypt has largely ignored the Commission’s decisions, crucial for preventing future violations and providing justice to victims. A refusal to comply with the decisions has entrenched a culture of impunity that permeates its entire legal system.
This week, during the 81st Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) taking place in Banjul (The Gambia), REDRESS is releasing a new Briefing that examines the lack of implementation by Egypt of ACHPR’s decisions in torture cases. It addresses the reasons for such lack of compliance and its consequences for the eradication of torture in the country. It also includes recommendations to Egypt, the ACHPR and the international community.
Legal Barriers to Accountability
One of the primary barriers to addressing Egypt’s human rights violations is its legal system. Judicial independence is severely weakened, and the political will to address torture and other abuses is virtually non-existent. The 2021 Constitutional amendment granted the Supreme Constitutional Court the authority to block the implementation of rulings from foreign bodies. This amendment effectively enabled the Egyptian government to ignore decisions from international human rights bodies like the Commission, thereby solidifying its resistance to external scrutiny.
This resistance to external scrutiny is compounded by Egypt’s failure to comply with its reporting obligations under the African Charter. Egypt has often ignored complaints filed before the African Commission and has actively sought to undermine the Commission’s independence. For instance, Egypt played a key role in promoting Executive Council Decision 1015, aimed at limiting the Commission’s independence and ability to interpret and apply human rights norms.
The Sovereignty Argument
The Egyptian government frequently defends its actions by citing national sovereignty and security concerns, particularly in the context of terrorism and internal unrest. However, this argument does not hold up to scrutiny. Countries around the world have successfully balanced national security with the protection of human rights.
Adhering to international human rights standards does not diminish Egypt’s sovereignty; instead, it enhances the country’s credibility on the global stage. By resisting such compliance, Egypt undermines its own long-term stability and perpetuates a cycle of repression that harms society at large. Ultimately, a government’s ability to protect its people from harm is strengthened, not weakened, by upholding human rights.
Break this cycle of impunity
To break the cycle of impunity involving torture Egypt must take bold and immediate. The government should start by fully complying with the Commission’s decisions, which include compensating victims and conducting independent investigations, and implementing comprehensive legal reforms to eradicate torture. Strengthening judicial independence is also crucial to ensuring that perpetrators of torture are held accountable.
Additionally, Egypt must lift restrictions on NGOs and human rights defenders, allowing them to effectively monitor and advocate for change. Civil society plays a vital role in exposing human rights abuses, but the current repressive environment stifles these efforts.
The ACHPR has already provided Egypt with clear, actionable recommendations. The longer Egypt delays implementing these reforms, the more deeply impunity becomes entrenched. This refusal to act is a damning indictment of Egypt’s commitment to human rights. The survivors of torture deserve nothing less than full accountability and reparations, and Egypt has a legal and moral obligation to deliver.
Photo by: Amr Dalsh/REUTERS