This action might not be possible to undo. Are you sure you want to continue?
State security courts, created under the emergency law, are notorious for relying on
confessions obtained under torture to secure convictions, and for tolerating long periods of
enforced disappearance before prosecutors see defendants.228
Human Rights Watch has
investigated several cases that were tried before state security courts—such as the 2003
Queen Boat case in Cairo and the 2006 trial of persons charged in the Taba bombings, as
well as some which did not reach trial, such as the Victorious Sect case (see below)—and
found they consistently relied on confessions obtained through torture when defendants
were held by the SSI in arbitrary detention.229
State security prosecutors are particularly responsible for perpetuating impunity for torture
because in many cases they interrogate detainees who have been disappeared for several
weeks and tortured and subsequently returned to SSI detention facilities. While other
prosecutors can argue they do not know where a disappeared prisoner is being detained,
state security prosecutors actually see and speak to detainees in illegal detention. As a
result, they are complicit in allowing illegal detention and, at times, enforced disappearance
by SSI officers.
State security prosecutors, who are formally subordinate to the public prosecutor, are
responsible for pre-trial investigations in State Security Court cases, but often do not
properly investigate the arbitrary detention and disappearance of detainees.230
al-Islam, a human rights lawyer who has represented defendants before state security courts
for more than a decade, told Human Rights Watch that “state security prosecutors are
complicit through their failure to interrogate detainees about where they are being detained
and under what conditions. Prosecutors have the power to order detention and this must
take place under their jurisdiction not the SSI’s.”231
The Law on the State of Emergency, Law No. 162 of 1958, art. 7.
Human Rights Watch, In a Time of Torture: The Assault on Justice in Egypt's Crackdown on Homosexual Conduct (New York:
Human Rights Watch, 2004); Human Rights Watch, Egypt: Anatomy of a State Security Case; “Egypt: Terrorism Trial Shows
Serious Flaws: Torture Allegedly Used to Coerce Confessions,” Human Rights Watch news release, December 12, 2006,
http://hrw.org/english/docs/2006/12/13/egypt14829.htm; Human Rights Watch, Egypt: Mass Arrests and Torture in Sinai. For
more on these courts see also Human Rights Committee, “Concluding Observations, Egypt,” U.N. Doc. CCPR/CO/76/EGY (2002),
para. 16(b). See ICCPR, art. 14.
CCP, art. 126 bis, as amended by Law No. 95 of 2003.
Human Rights Watch interview with Ahmad Saif al-Islam, lawyer, Cairo, December 7, 2010.
Human Rights Watch | January 2011
SSI officers consistently hold detainees in incommunicado and unacknowledged detention,
often for several months and traces of torture have faded before taking them to see a
This usually makes it impossible for a forensic medical examination to confirm
that torture took place.233
In addition, trials before state security courts consistently fail to
meet international standards on due process because they do not provide the right to an
appeal, and do not give defendants adequate access to lawyers outside the courtroom.
They also often rely on confessions obtained under torture—contrary to Egypt’s Constitution
that states in article 42, “if a confession is proved to have been made by a person under any
of the aforementioned forms of duress or coercion, it shall be considered invalid and
The UN special rapporteur on torture has stated that“[w]here allegations of torture
or other forms of ill-treatment are raised by a defendant during trial, the burden of proof
should shift to the prosecution to prove beyond reasonable doubt that the confession was
not obtained by unlawful means, including torture and similar ill-treatment.”235
Guidelines on the Role of Prosecutors expand on this in article 16:
When prosecutors come into possession of evidence against suspects that
they know or believe on reasonable grounds was obtained through recourse to
unlawful methods, which constitute a grave violation of the suspect’s human
rights, especially involving torture or cruel, inhuman or degrading treatment or
punishment, or other abuses of human rights, they shall refuse to use such
evidence against anyone other than those who used such methods, or inform
the Court accordingly, and shall take all necessary steps to ensure that those
responsible for using such methods are brought to justice.236
Lawyer Mohsin Bahnassi told Human Rights Watch that in recent state security cases, defense
lawyers never get to see their clients while they are in detention, even though this can last
several months: the first time they see them is when they appear before the prosecutor.
For more on SSI’s practice of disappearing people, see Background section.
See below for examples of this in Taba Trial and in Zeitoun trial. Human Rights Watch interview with Taher Abul Nasr, Cairo,
September 22, 2010.
Egyptian Constitution, art. 42. The first part of art. 42 states: “no physical or moral harm is to be inflicted upon him. He may
not be detained or imprisoned except in places defined by laws organizing prisons.”
General Recommendations of the Special Rapporteur on Torture, E/CN.4/2003/68, para. 26,
http://www2.ohchr.org/english/issues/docs/recommendations.doc (accessed September 15, 2010).
United Nations Guidelines on the Role of Prosecutors, Adopted by the Eighth United Nations Congress on the Prevention of
Crime and the Treatment of Offenders, Havana, Cuba, August 27 to September 7, 1990,
http://www2.ohchr.org/english/law/prosecutors.htm (accessed September 15, 2010).
“Work On Him Until He Confesses”
In cases concerning jihadist groups, SSI officers detain them at their [SSI]
offices for four to five months, until they have obtained all the information.
During this time, after a couple of months of enforced disappearance, they
may take them before the state security prosecutor for questioning. The
defendants are brought by SSI, handcuffed, into the prosecutor’s office and
are then taken back to SSI offices. I tried to tell my client not to be afraid to
tell the prosecutor that he’d been tortured. He looked at me and asked me
where I was going after this? I said I was going home. He responded, “Well
I’m going back to SSI where they are torturing us.” He told me that the
officers had instructed him what to confess to the prosecutor. 237
Human rights lawyer Sayed Fathi told Human Rights Watch:
In state security cases these days, the detainees are brought into the
building of the niyaba blindfolded, handcuffed behind their backs, which is
the state they are in while in SSI detention. The guards only take the
blindfold off when they get to the office of the prosecutor. Or sometimes the
detainees are brought to the office of the prosecutor in the middle of the
night, at 1 a.m. The defendants don’t feel safe. When we protest, the
prosecutors tell us off the record that these are security measures over which
they have no control. And then SSI [officers] take the defendants back to
detain them at an unknown location.238
The following three case studies illustrate the highly problematic reliance of state security
prosecutors and state security courts on confessions obtained through torture. Human Rights
Watch research, anecdotal evidence from victims, and the work of local and international
NGOS suggest they are reflective of a far larger problem of protecting SSI officers from
prosecution so they can continue to torture and disappear detainees with impunity.
This action might not be possible to undo. Are you sure you want to continue?