The Detention Review Panel (DRP) issued a report and made the following findings:
- Dr Morsi is no ordinary prisoner. He was the elected President of Egypt. We considered his detention in the context the treatment of members of the Muslim Brotherhood and the Freedom & Justice Party in Egypt. Every independent report that was considered, including reports from the US State Department and UK Home Office made reference to the particularly harsh treatment currently faced by members of the Muslim Brotherhood and Freedom & Justice Party. The Egyptian government has not given us any cause to think that Dr Morsi is being treated any better.
- The Tora prison complex, also known as the Scorpion Prison, has been very harshly condemned for its inability to treat prisoners in accordance with both Egyptian and international law.
- The DRP finds that the allegations made by Dr Morsi, directly in his own words, in his statement to the Court in November 2017, and the allegations made by Abdullah Morsi, appear to be consistent with the allegations recorded by the United Nations, the United States’ State Department, Human Rights Watch, Amnesty International, news reports and other human rights organisations about the treatment of prisoners in Egypt.
- Our findings are that the allegations made by Dr Morsi, on a balance of probabilities, are likely to be true. They are consistent with the findings of the general treatment of prisoners, in particular political prisoners, in Egypt.
- We accept in full the finding of Dr Paul Williams. We find that Mohammed Morsi is receiving inadequate medical care, particularly inadequate management of his diabetes and inadequate management of his liver disease. We accept the opinion that the consequence of this inadequate care is likely to be rapid deterioration of his long-term conditions, which is likely to lead to premature death.
- The DRP finds that on a balance of probabilities the detention of President Morsi is below the standard expected by international standards for prisoners, and would constitute cruel, inhuman and degrading treatment. We also find that the detention could meet the threshold for torture in accordance Egyptian and International law.
- The DRP finds that culpability for torture rests not only with the direct perpetrators but those who are responsible for or acquiesce in it. We find that the conditions of Dr Morsi’s detention would be of such continuing interest to the whole chain of command that the current President could, in principle, be responsible for the crime of torture, which is a crime of universal jurisdiction.
- We fear that if Dr Morsi is not provided with urgent medical assistance, the damage to his health may be permanent and possibly terminal. The failure to provide Dr Morsi with adequate medical treatment is a breach of Egyptian Law and the Mandela Rules.
- The panel are deeply concerned about the conditions and detention of Dr Morsi and invite the Egyptian government to allow the DRP, or any other reputable independent body, to conduct a visit.