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CASE No - Inter-Parliamentary Union

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- 3 - CL/183/SR.1<br />

ANNEX XIX<br />

Considering that several requests by the Committee to carry out a mission and gather firsthand<br />

information from the competent authorities and from Mr. <strong>No</strong>ur, his family and his lawyer to clarify<br />

the sometimes conflicting information on file were rejected despite the Speaker's efforts to organize the<br />

mission and, more particularly, to secure a visit to Mr. <strong>No</strong>ur, which the Attorney General, however,<br />

deemed contrary to Egyptian law and interference with the Egyptian judiciary,<br />

Considering that, in May 2008, the Attorney General reiterated his previous position and<br />

stressed that there was no precedent for a foreign body or representative thereof to visit an Egyptian<br />

prisoner; noting in this respect that the international non-governmental organization Human Rights<br />

Watch/Middle East Watch (HRW/MEW) had been authorized to conduct a fact-finding mission to Egypt<br />

in January and February 1992 to investigate arrest and detention practices and allegations of torture of<br />

individuals held in the custody of the security forces, that the HRW/MEW delegation, composed only of<br />

foreign nationals, had been able to visit six Egyptian prisons, including Tora Liman prison, over an eightday<br />

period, and that the public report on the mission, issued in March 1992, clearly indicates that the<br />

HRW/MEW representatives were authorized to interview prisoners in their prisons; that, however, the<br />

Prison administration, in a letter forwarded by the Speaker stated that it had no information in this<br />

respect; that, furthermore, Egyptian sociologist Professor Saad Eddin Ibrahim, founder of two important<br />

human rights organizations, when incarcerated in Tora Farm Prison from 2000 to 2003 was visited by<br />

former Canadian Foreign Minister Flora McDonald, Ambassadors of various European <strong>Union</strong> countries,<br />

the President of the American University in Cairo, a US citizen as well as representatives of Amnesty<br />

<strong>Inter</strong>national and Human Rights Watch,<br />

<strong>No</strong>ting that in late May 2008 Mr. <strong>No</strong>ur reportedly suffered from food poisoning which<br />

severely affected his health and left marks on his skin, that he was apparently not taken to hospital until<br />

a week later; that, in his letter of 31 August 2008 the Speaker provided documents indicating that,<br />

according to the authorities, on 8 June 2008 Mr. <strong>No</strong>ur was taken to the hospital because of a suspected<br />

heart attack and received the necessary treatment before being taken back to prison,<br />

Bearing in mind lastly that on 23 July 2008 President Mubarak, by Presidential Decree<br />

<strong>No</strong>. 200 pardoned over 1,500 prisoners having, like Mr. <strong>No</strong>ur, served half of their sentences; that,<br />

however, forgery was exempted from the Decree while, according to the sources, crimes such as<br />

murder, torture, corruption, espionage and state security crimes along with 60 other crimes were<br />

included and that Mr. <strong>No</strong>ur consequently was not covered by the pardon; that another pardon decree<br />

of October likewise excluded forgery from its scope; that, according to the Speaker, all presidential<br />

pardon decrees since 2002 have excluded forgery; that, however, according to the source, the majority<br />

of pardon decrees issued in the past by President Mubarak did not exclude forgery from their scope,<br />

1. Thanks the Speaker of the People’s Assembly for his consistent cooperation, in particular<br />

his letters of 31 August and 13 October 2008, and regrets that the Committee was unable<br />

to meet with him at the session it held during the 119 th IPU Assembly;<br />

2. Deeply regrets that the Attorney General has not authorized the Committee to visit<br />

Mr. <strong>No</strong>ur, although permission to visit Egyptian prisoners was granted in the past to<br />

foreigners, including to non-governmental human rights organizations;<br />

3. Remains deeply concerned at Ayman <strong>No</strong>ur’s state of health, which, as stated by the<br />

tripartite committee, requires constant medical check-ups and frequent admissions to<br />

hospital; stresses in this context that, in its ruling of July 2007, the Administrative Judiciary<br />

Court specified that, at the time of the examination by the tripartite committee in January<br />

2007, there was no life-threatening condition and that since then more than 18 months<br />

have elapsed without another thorough examination of his state of health;<br />

4. Deeply regrets that Mr. <strong>No</strong>ur was not covered by the pardon decrees issued in July and<br />

October this year, and calls on the President to pardon Mr. <strong>No</strong>ur,

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