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FACTS OF THE CASE:

On 11 July 2004, three representatives of the Medical Licensing Department in the Health Affairs Office of the Governorate of Cairo - a department of the Egyptian Ministry of Health - conducted a surprise inspection visit to the El Nadim Center for Psychological Management and Rehabilitation of Victims of Violence, a torture treatment center in Cairo. The center provides medical and psychological rehabilitation to victims of torture and violence. The inspection team wrote a negative report about the center for violating an article of the Law on Medical Establishments that prohibits the use of clinics for any other purpose than direct service care. The inspectors also searched the Center’s files and library and confiscated confidential patient files and center publications. It is expected that the Ministry of Health will take action to shut down the center in the next few days.

The center is not formally registered as a non-governmental organization (NGO). While the center did begin in 1993 with an exclusive focus on providing direct medical and psychological services to torture survivors, it has developed several independent programs related to torture treatment, documentation, and advocacy for ending the practice of torture in Egypt. When individuals are willing, the center has assisted them in publicizing their case, seeking redress, and pursuing all available legal charges against their perpetrators. Most torture treatment centers around the world have similar programs as advocacy and working for justice is part of the process of supporting victims of torture and to ensure that torture is abolished in all nations.

The Egyptian law requiring non-governmental organizations officially register with the government is used as a means to repress political dissent and to restrict freedom of expression. According to the law, NGOs must seek and received approval from the government in order to conduct their activities. The law also allows for the government to close organizations without seeking a court ruling. Many NGOs in the country have refused to register under a law.

According to a recent Human Rights Watch report, torture is a “widespread and persistent phenomenon” in Egypt. Security officials and police routinely torture suspects during interrogation sessions. There is also evidence that torture has been used to suppress and intimidate political dissidents. The government consistently fails to investigate cases of torture or to hold those responsible accountable. The timing of the Ministry of Health inspection comes on the heels of NGO activity around the June 26 United Nation’s International Day in Support of Victims of Torture. On that day, several organizations demonstrated in front of government offices calling for an end to torture in Egypt. The threat of closure of the Nadim Center may be in retaliation for the peaceful demonstration.

Egypt is a state party to all human rights treaties that prohibit torture, including the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Egyptian Constitution also has specific provisions that require the humane treatment of prisoners and prohibits the use of torture in most cases. The Egyptian legal definition of torture falls short of international standards.

(Sources of information for this case include: Human Rights Watch, the International Rehabilitation Council for Torture Victims, and the Egyptian Organization for Human Rights.)

RELEVANT HUMAN RIGHTS STANDARDS

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

• Article 13: Each State Party shall ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities. Steps shall be taken to ensure that the complainant and witnesses are protected against all ill-treatment or intimidation as a consequence of his complaint or any evidence given.
• Article 14: Each State Party shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.

International Covenant on Civil and Political Rights

• Article 7: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

The Human Rights Defenders Declaration

• Article 12(2): The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [Universal Declaration of Human Rights].
• Article 6(a): Everyone has the right, individually and in association with others: To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems.
• Article 6(b): Everyone has the right, individually and in association with others: As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
• Article 6(c): Everyone has the right, individually and in association with others: To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.
• Article 7: Everyone has the right, individually and in association with others, to develop and discuss new human rights ideas and principles and to advocate their acceptance.
• Article 9: To the same end, everyone has the right, individually and in association with others, inter alia: (c) To offer and provide professionally qualified legal assistance or other relevant advice and assistance in defending human rights and fundamental freedoms.

Universal Declaration of Human Rights

• Article 05: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

RECOMMENDED ACTION:

Please send faxes, letters, or emails:

• Urging the government not to take any politically motivated measures against Egypt’s only rehabilitation center for victims of torture, the El Nadim Center for Psychological Management and Rehabilitation of Victims of Violence;
• Strongly urging the Medical Licensing Department to return any patient files and other materials confiscated from the clinic’s office;
• Requesting that the government allow the El Nadim Center to continue its activities as a clinic, including its advocacy on behalf of victims of torture;
• Requesting that the government ensure the legal recognition of all civil society organizations defending human rights and working for the end of torture; and
• Reminding the government that international law strictly prohibits the use of torture.

APPEAL AND INQUIRY MESSAGES SHOULD BE SENT TO:

Dr. Mohamed Awad Tajeedin
Minister of Health and Population
Ministry of Health and Population
Magles El Shaab St., Kasr El Aini St.
Cairo EGYPT
Fax: 011 202 430-5369
moh@idsc.gov.eg
Salutation: Dear Minister Tajeedin

COPIES SENT TO:

Ambassador Nabil Fahmy
Ambassador of the Arab Republic of Egypt
The Embassy of the Arab Republic of Egypt
3521 International Ct. NW
Washington,DC 20008
Fax: (202) 244 5131
embassy@egyptembdc.org
Salutation: Dear Mr. Ambassador

Please send copies of your appeals, and any responses you may receive, or direct any questions you may have to Victoria Baxter, AAAS Science and Human Rights Program, 1200 New York Ave, NW, Washington, DC 20005; tel. 202-326-6797; email vbaxter@aaas.org; or fax 202-289-4950.

The keys to effective appeals are to be courteous and respectful, accurate and precise, impartial in approach, and as specific as possible regarding the alleged violation and the international human rights standards and instruments that apply to the situation. Reference to your scientific organization and professional affiliation is always helpful.

To ensure that appeals are current and credible, please do not continue to write appeals on this case after 90 days from the date of the posting unless an update has been issued.

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