Asbestos: The lies that killed

Asbestos, now banned in the EU, kills up to 4,000 people a year in the UK alone. In this exclusive report, Ed Howker reveals how the industry hid the truth for decades and why the death toll will certainly continue to rise.

There are nearly one million documents on microfiche sitting in the office of the Manchester Metropolitan University Business School academic Geoffrey Tweedale. They expose a scandal that ranks among the biggest and costliest of our age: how the Lancashire manufacturing giant Turner & Newall (T&N), once the world's largest asbestos conglomerate, exposed millions to a lethal carcinogen in full knowledge of its dangers, using PR firms and politicians to hide a truth that it had secretly admitted to in 1961, namely that "the only really safe number of asbestos fibres in the works environment is nil".

Hidden in this massive archive are documents, revealed here for the first time, which tell the story of corporate recklessness that has led to the deaths of thousands of men and women in Britain who were once exposed to asbestos.

People living in the Spodden Valley area of Rochdale in the 1950s used to joke that they would get frost all year round. The local wood was nicknamed "the snow trees" and even the blackberries picked in late summer were covered with a fine white powder. But the "frost" was no joke - it was asbestos blown from extractor fans at the Turner & Newall factory in the heart of the valley.

Derek Philips never worked there, but for 19 years lived just yards from the site. He played bass in a band with T&N workers and recalls the factory as "the centre of the community". The guitars hang on the walls of his current home, a static caravan in the Pennine foothills where he waits to die of one of the asbestos-related diseases - meso thelioma, which appears decades after exposure to asbestos and which is killing more than 2,000 people every year in the UK.

His plight has been all too common in Rochdale. In the 1980s the New Statesman reported that on some roads near the factory every second household had lost a family member to asbestos diseases.

"I was diagnosed in October [2007]," says Philips. "A month later they drained three litres of fluid from my lungs. I couldn't even stand up properly. I've just no chance, have I? I didn't know about the risks."

In the coming months, how he was exposed to asbestos and who he was working for at that time will become vital issues as lawyers fight to win compensation for Derek.

The latest gambit of some insurers is to claim that their liabilities extend only to victims whose disease manifests (is triggered) when they are actually at work, not when they were negligently exposed, which can occur decades earlier. The union Unite is backing one of six test cases that have been presented on behalf of victims to Mr Justice Burton, who will rule in the high court this autumn. If he finds for the insurers, thousands of mesothelioma victims could find themselves without compensation for their suffering.

This long-running war between victims and insurers has an unlikely new player: Warren Buffett, the richest man in the world, who will watch the results of the "trigger issue" case with interest. Next year, National Indemnity Company, a division of the billionaire's Berkshire Hathaway, will take control of an office in the City of London that is unable to respond to telephone inquiries and has only one full-time employee. This skeleton of a business is called Equitas. It was worth $8.7bn in cash and securities when Buffett took it over in 2006. It had been created a decade earlier by Lloyd's of London to solve a multibillion-dollar crisis in insurance: the overextended liabilities of Lloyd's Names.


Who is liable?


By the 1980s, the burden of asbestos-related insurance claims underwritten by Lloyd's Names had become so great that the Names were threatened with bankruptcy. Equitas was established to manage the liabilities. Nearly half its reserves are dedicated to asbestos reinsurance claims predominantly from the United States. Some experts considered even Equitas's billions insufficient to cover the insurers. Buffett's deal augments the fund by a further $7bn to cover any shortfall and the Names will heave a collective sigh of relief when the transaction is approved formally by the high court next year.

So, what is in it for Buffett? When the Financial Times first interviewed him about the proposed deal in 2006, he admitted: "It will be long after I am dead before we know the final answers on how it all works out." Meanwhile, however, he will gain access to some of the most capable reinsurance analysts in the world.

Geoffrey Tweedale, author of Magic Mineral to Killer Dust, comments: "The deal will only be profitable if Berkshire Hathaway can limit their liabilities." In other words, Buffett would have to limit payments to the insurers that compensate victims. Alistair Darling's "bonfire of red tape" announced in the last Budget will help.

In July, the Treasury amended the Employers' Liability Regulations to revoke the requirement for businesses to keep insurance records for 40 years. But, in asbestos-related cases, decades can pass between exposure and the development of the disease. Without records, victims may be unable to establish who is liable. Tony Whitston, who runs the Asbestos Victims Support Groups Forum UK, says: "It's a body blow to our groups who have to pick up the pieces when victims are unable to obtain justice."

The people of Rochdale have long experience of that.

Samuel Turner was a pioneer, spinning fireproof and corrosion-resistant textiles from Canadian asbestos on secondhand cotton machinery in the 1870s. From meagre beginnings, T&N grew to be the biggest asbestos conglomerate in the world, as well as a popular local factory.

Brian Penty worked at the site from 1963 until 1996: "There was a bowling green and Christmas parties for the kids," he explains. "It was a family thing. People never really took on board what was being said about asbestos."

Beneath the rosy tale of northern endeavour lurked a darker story. As early as 1898, government factory inspectors were warning that asbestos "easily demonstrated danger to the health of the workers". The T&N files first refer to asbestos cancer in Rochdale in the 1930s.

By 1947, the national factory inspector's report emphasised the incidence of lung cancer among asbestos workers but, astonishingly, no detailed research was undertaken by the government. Only in 1955 did Richard Doll, then a junior academic (and later famous for establishing the connection between tobacco-smoking and cancer), complete an epidemiological study in Rochdale which established the link between asbestos and cancer. He had been approached by T&N but the company initially refused to allow him to publish the findings. Later T&N persuaded its own scientist, Dr John Knox, to draft a paper discrediting Doll's work. Knox encouraged academic scepticism about asbestos diseases but clearly knew there was a problem. He regularly X-rayed employees and when the results showed them developing signs of disease moved them to less dusty jobs. They were not told why.

The signed witness statement of a worker who later died states: "They did not say in 1974 that I had asbestosis but I expect there was something on my X-ray which made them think it was time I came out."

And Brian Penty remembers a so-called "blood pressure survey" in 1982: "They actually drew blood. A couple of years later I was at my GP's surgery - he'd been sent the results. Apparently they were testing for asbestos in my bloodstream."

In public, T&N strove to be portrayed as a responsible employer. In 1944, a manager of the plant wrote to factory inspectors: "In a number of cases we make ex-gratia payments in addition to the statutory compensation. Where an employee has no standing for some technicality we pay compensation, as it appears desirable to deal with the problem on broad lines, and not to rely on some legal point in our favour."

Yet, when the first official asbestosis victim, Nellie Kershaw, died in 1924, the firm wrangled about paying compensation to her bereaved family. Finally they decided not even to contribute towards funeral expenses since, as one company manager warned, it "would create a precedent and admit responsibility". She was buried in an unmarked grave.


The T&N archives are full of death certificates of former employees, placed with internal correspondence never disclosed to grieving families. The official cause of death attributed to Edna Penham, a 64-year-old asbestos stripper at T&N, for example, was peritonitis. The company's personnel manager noted that his records showed she was "40 per cent disabled due to asbestosis", though there was no reference to this on her death certificate. It appears the coroner did not know. There was no inquest.


Keeping quiet


Eventually T&N employed the insurance giant Commercial Union to administer a fund for diseased employees. Geoffrey Tweedale found examples of former employees being placed under surveillance by the firm - desperate not to be held liable. Company policy appeared to be to mislead coroners' inquests, pay compensation only if forced and avoid payouts that might create precedents.

In 1964, T&N solicitors warned the directors: "We have, over the years, been able to talk our way out of claims but we have always recognised that at some stage solicitors of experience . . . would, with the advance in medical knowledge and the development of the law . . . recognise there is no real defence to these claims and take us to trial."

The company found government representatives only too pliant. One medical adviser is recorded as advising T&N to keep quiet about the cancer dangers of their product. In correspondence between two directors of the plant, the opinion of Professor Archie Cochrane, director of epidemiology at the Medical Research Council, was noted: "In tackling a problem of this nature [mesothelioma] one should either be completely frank with everyone or maintain complete secrecy - it is the latter that he feels is best at the moment."

In 1968, T&N circulated a confidential five-point plan entitled "Putting the Case for Asbestos". Drafted by the international PR firm Hill & Knowlton and designed to enable staff to field questions about asbestos cancer, it began, in capital letters: "Never be the first to raise the health question."

When government departments did raise questions about the safety of asbestos, the Board of Trade intervened, arguing that any suggestion that asbestos presented a danger would damage British jobs. So, the sale of asbestos products continued to grow in the UK throughout the 1960s and 1970s.

T&N also relied on the assistance of Cyril Smith, the larger-than-life Rochdale MP and parliamentary pioneer of the Saturday-night television chat-show sofa. During the summer recess of 1981, Smith wrote to Sydney Marks, the head of personnel, informing him that the House would debate EEC regulations on asbestos in the next parliamentary session.

The letter asks simply: "Could you please, within the next eight weeks, let me have the speech you would like to make (were you able to!), in that debate?"

T&N's draft is almost identical to the speech delivered by the Rochdale MP, stressing the need for less regulation and arguing that substitutes for asbestos should be approached "with caution". "The public at large are not at risk," said Smith. "It is necessary to say that time and time again."

Writing in the local paper, he claimed to have "worked very hard on the speech and have spent hours, both in reading and in being at the works, trying to master the facts about safety in asbestos".

A year later he declared 1,300 shares in the company. Six months after that J B Heron, the chairman of T&N, wrote to Smith again, thanking him for his assistance with the Commons select committee meetings which followed Alice, a Fight for Life, the Yorkshire Television documentary that highlighted the plight of T&N employees.

When last month the New Statesman approached Smith for a comment, he said: "If you've got the documents, it is all true."


Some may receive nothing


By 1999, the game was up for T&N when the European Union banned the import and production of asbestos throughout the EU. But with the factory's demise came the greatest in justice of all. In the UK, neither T&N nor its insurers faced substantial product liability claims or decontamination costs. Instead, the company was purchased by Federal-Mogul, a US company which later declared Chapter 11 bankruptcy - a status that ring-fenced its compensation liabilities.

With the company protected from its creditors, a UK-based T&N asbestos compensation scheme of just £100m was established by Federal-Mogul's UK administrators.

Those who, like Derek Philips, may have been victims of environmental exposure at T&N's factories may end up receiving little or nothing.

"The hardest thing," says David Cass, a solicitor specialising in compensation for mesothelioma victims, "is having to tell people who walk into my office, 'I won't get you an apology.'"

Who is left to provide one? T&N is now a shell. The civil servants and politicians who failed to regulate the industry are no longer in post; the insurers who took on the liabilities are long retired. They cannot account for their decisions now. But we will live, and many will die, with the consequences.




Asbestos: the killer facts





asbestos is the single greatest cause of work-related death in the UK


number of asbestos-related deaths in the UK in 2005


number of teachers who died from mesothelioma between 1991 and 2000


schools in Britain may have been built using asbestos materials


number of years after exposure to fibres it may take for an asbestos-related disease to manifest itself


of victims of mesothelioma work in the building or maintenance industry

2.2 million

tonnes of asbestos were mined worldwide in 2005

Research: Adam Lewitt



    This article first appeared in the 01 September 2008 issue of the New Statesman, The truth about GM food

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    Where are all the people going?

    In a new wave of repression under the Sisi regime, Egyptians are being forcibly disappeared.

    On Monday 1 June, Esraa el-Taweel, a 23-year-old sociology student, went out for dinner with two of her friends to Chili’s, a branch of a Tex-Mex chain that is popular among middle-class Egyptians. The restaurant is on a large ship permanently moored on the Nile in the Zamalek district, one of the wealthiest neighbourhoods in central Cairo. Esraa often hung out with Souhaib Sa’ad, an economics and politics undergraduate, and Omar Ali, who, when he wasn’t lounging around the city’s many cafés, could be found at an architecture college. Both men are slim with curly hair and Esraa is short, wears colourful hijabs and sometimes uses a cane to walk. Less than 18 months earlier, she had been shot in the spine by security forces at a demonstration. Despite months of physiotherapy, the feeling had not fully returned to her legs.

    Earlier that afternoon, Omar had picked Esraa up from her home, as he had often done since her injury, and they went horse riding near the Pyramids. Souhaib joined them later at Chili’s. They liked to try a new restaurant every week and Omar, who initiated the tradition, had never been there before. When they finished their meal, they goofed around taking selfies. At about 8.30pm, after Souhaib had completed his evening prayers, they stepped out on to the corniche, the uneven, tree-lined pavement that runs between the river and a quiet, two-lane road. Shortly afterwards, the three friends disappeared.

    By 11pm, Esraa’s younger sister Duaa, with whom she shares an apartment in Cairo, started to worry. Duaa tried calling several times but Esraa’s mobile was switched off, as were Souhaib’s and Omar’s. She tried to reassure herself that Esraa might be staying with a friend, but the next morning she learned that Souhaib and Omar were also missing. The families of the three students decided to wait until 3pm, when Souhaib was due to report to a police station as part of his bail conditions. He had been detained in January 2014 after police found footage of anti-government protests on his phone and he was one of the less-publicised defendants in the trial against the al-Jazeera journalists accused of spreading false news and supporting the recently banned Muslim Brotherhood. After more than 400 days in jail, Souhaib was freed in February pending a retrial, but had to report to the
    police daily. If he didn’t show up, the families would know for certain that something was seriously wrong.

    Souhaib missed the bail appointment. Relatives of the trio began to look for them frantically in hospitals and police stations across the city but found nothing. Esraa’s parents and three of her younger siblings live in Saudi Arabia, where her father works as a translator, and though her mother boarded the first available flight to Cairo, Duaa, who is 22, and her younger sister Alaa had to manage alone for the three days.

    On Wednesday 3 June, 48 hours after Esraa was last seen, Duaa filed a missing person report with the prosecutor general, the standard first step when anyone goes missing in Egypt. She and a few friends set up a Facebook page and launched a Twitter campaign with the hashtag #Where_is_Esraa. They produced a video of her and posted it online. The film opens with footage of Esraa on her bicycle: she waves at the photographer and cycles into the distance. It shows a series of still photos of her with her arms wide open, a camera flung around her neck and a floppy sun hat over her headscarf, and she grins, wearing pink Mickey Mouse ears. Even in the final shot, taken while she was in a wheelchair, with a blanket over her legs and a laptop on her knees, she is smiling.

    The video doesn’t show how Esraa struggled with her six-month confinement in a wheelchair – the countless times she tried to lift herself out of it, only to fall on the floor and cry with frustration – but Duaa thinks that it captures her elder sister’s personality. “She’s childlike. She just loves going out and playing and hanging out with her friends,” she said, when we first met at a Zamalek café in mid-July.

    Duaa, an art student, is tiny and dresses trendily, her wavy hair piled high on her head, her iPod headphones dangling out of her handbag. She answered my questions carefully, almost robotically, and each time she finished speaking she slumped into her  chair as though she had been pushed. Esraa disappeared during Duaa’s end-of-year exams and, although some friends rallied around her, helping her to submit her coursework so that she wouldn’t fail, others were told by their parents to stay away from the el-Taweel family to avoid getting caught up in the case.

    The two sisters are very close. Duaa moved to Cairo from Saudi Arabia for her studies in July 2011, a year after Esraa, and her elder sister seemed to have grown streetwise in the time they had spent apart. Two days after Duaa arrived in the city, Esraa took her to her first demonstration. When the crowd was attacked by beltagiya (“thugs”), the sisters were so scared for one another that they decided they would never protest together again, though they often went separately. I once suggested to Duaa that the way she handled her sister’s disappearance was brave but she just shrugged. She told me that she often wished that their roles were reversed: Esraa would have known what to do.

    In the weeks after the disappearances, the photographs of the missing trio circulated online and the questions of their friends, relatives and young people – “Where is Esraa?” “Where is Souhaib?” “Where is Omar?” – echoed unanswered on Twitter and Facebook. Yet the families were starting to build up a picture of what had happened. They approached contacts in the security forces, who reported that all three had been arrested and were being detained. Former inmates at Egypt’s national security headquarters also reported seeing the trio there. Yet, without official acknowledgement, there was little that anyone could do. Esraa’s lawyer, Halim Hanish, told me that he had presented the families’ evidence to the prosecutor general’s office but received no response.

    The three students had joined the swelling ranks of Egypt’s forcibly disappeared. The Freedom for the Brave group, a loose network of activists, lawyers and detainees’ families that monitors such cases, recorded that 163 people had been secretly detained by Egyptian security forces between April and June this year. Hanish, a member of the group, said that the figure could be higher, as some families are too afraid to speak out. Another local NGO, the Egyptian Commission for Rights and Freedoms, announced in August that it had recorded 1,250 cases since January. Sometimes, the disappeared are eventually located in a jail or at a police station. Often, new arrivals at a prison will find an inmate who is expecting a visit and ask them to pass on their name, family contact details and a short message. Families can be left waiting for days, weeks or months for news of missing relatives. Discovering that they are in prison is one of the better possible outcomes: occasionally, the disappeared resurface dead.


    In 2011, many Egyptians believed that revolution was a way to end such police abuses. One of those who inspired the uprising did not live to see tens of thousands of people across the country take to the streets to chant their demands for “bread, freedom and social justice”. Khaled Said was a 28-year-old man who was beaten to death by security forces after being arrested at an internet café in 2010. A Facebook group created in his honour declared “We are all Khaled Said” and gathered hundreds of thousands of online supporters in the months leading up to the 2011 protests.

    Wandering around Cairo today, you might still catch a glimpse of Said’s youthful likeness memorialised in graffiti: a clean-cut, wide-eyed kid in a hoodie. It is a symbol of defiance or, perhaps, of disappointment. In February 2011, when Egypt’s then president, Hosni Mubarak, was overthrown after almost 30 years in power, the interim authorities were quick to abolish the much feared State Security Investigations Service, which was responsible for crushing dissent, replacing it with the Homeland Security agency. But in the past two years, following the popularly backed military overthrow in 2013 of Mohammed Morsi, Egypt’s elected president and a member of the Muslim Brotherhood, Homeland Security has become ever more powerful.

    Following years of unrest, Egypt’s military leadership promised peace and stability – after the bloodshed. In its first few months in power, it sought to regain control over the country’s streets by launching a brutal crackdown on Muslim Brotherhood supporters, killing more than 1,000 protesters and arresting many more. In July 2014, an official from the interior ministry told the Associated Press that 22,000 people had been detained in the year since Morsi was ousted, most of them supporters of the Muslim Brotherhood or Islamists. The Egyptian Centre for Economic and Social Rights, a local group monitoring political arrests, believes that the figure is closer to 41,000. Several prominent secular activists have also been arrested.

    An armed insurgency in Sinai, where jihadists have declared loyalty to the so-called Islamic State, and a steady series of terrorist attacks in the rest of the country have convinced many Egyptians that their country needs the new marque of authoritarianism offered by President Abdel Fattah al-Sisi, Egypt’s imperious leader. Al-Sisi, who led the 2013 takeover and was elected the following year with an eyebrow-raising 96 per cent of the vote, had served as head of military intelligence under Mubarak. His new interior minister, appointed in March, shares a similar pedigree: Magdy Abdel Ghaffar is a former chief of Homeland Security. “It’s like the security services are controlling everything in Egypt now,” Nada Saad, a human rights lawyer, told me.

    It might seem that Egypt’s security state is simply returning to its old ways but that is not quite accurate. The feeling, often expressed by activists and lawyers here, is that this new wave of repression seems to sweep up citizens indiscriminately. Mohamed Elmessiry, an Egypt researcher at Amnesty International, told me that he had spoken to someone who had spent 11 years in detention under Mubarak and then been detained by Homeland Security. “[He] said at least under the Mubarak government, national security knew what they were doing and who they wanted. National security [operatives] now are completely random: they arrest people randomly; they charge and investigate and torture people randomly.”


    On 17 June, the first day of Ramadan and 16 days after Esraa went missing, Duaa finally saw her sister. A stranger had called Duaa to say that she had spotted Esraa in al-Qanater women’s prison in Cairo. When Duaa arrived at the gate of al-Qanater, the guard on duty remembered the young woman who had arrived alone and been unable to walk, and advised Duaa to wait with him rather than go inside the prison. Though neither the family nor her lawyers had been informed, Esraa was due to be transferred to court for a hearing. A few minutes later, Duaa saw her sister being escorted into a police van. She called out her name and Esraa, fearing for Duaa’s safety, burst into tears and asked her to leave. Duaa called Halim Hanish, the lawyer acting for her sister.

    Hanish and Esraa are good friends. They met during the 2011 street protests and when, on 25 January 2014, Esraa was shot at a peaceful demonstration outside the Mustafa Mahmoud Mosque, he carried her to hospital. He says that they were protesting in favour of a “third way” that rejects both the Muslim Brotherhood and the military. It’s not uncommon now for Hanish to represent old friends. “You have to comfort them, even while you know for sure that nothing good is happening any time soon,” he said. “You have to comfort the families, as well. You have to lie to their faces, look them in the eye and tell them how it seems bright, insha’Allah they will be fine, even though you know [they won’t be]. It gets to you eventually.”

    After the call from Duaa on 17 June, Hanish rushed to the prosecution office but was repeatedly told that Esraa was not there. Then he saw her from a distance. He shouted out to Esraa, to tell her that she was no longer alone and he was here for her now. As a result, he says, her hearing was cancelled because the prosecution lawyer wanted to speak to her privately. According to Amnesty International’s Elmessiry, this fits a common pattern for forced disappearances: often the first, second and sometimes third court investigations are conducted while the families are still unaware of their missing relative’s location and while the defendant does not have legal representation. This allows Homeland Security more freedom to conduct the initial investigation and usually extract a confession, which will form the basis of the case against the detainee.

    It was not until 27 June that Hanish was able to attend a hearing. The judge said that he needed more time to consider the case against her and postponed her session until 29 June, but that day the prosecutor general, Hisham Barakat, was killed in Cairo in a bomb attack. Esraa did not appear in court until 11 July and since then her pre-trial detention has been renewed every 15 days.

    Hanish understands that Esraa has been charged with belonging to the Muslim Brotherhood, spreading false news and disturbing the public by showing footage of police brutality but he knows this only informally: his requests to see the report against her, which details the reasons for her arrest, have been refused. So, too, was a request for her to be moved closer to hospital so that she can receive treatment for her back problems. The ministry of interior did not respond to my requests for an interview, though previously officials have insisted that her detention was legal and have issued denials that forced disappearances take place. Esraa’s family and friends deny all charges against her.

    The only available account of Esraa’s ­two-week disappearance is an open letter that her family smuggled out of prison, which was published on local news websites. She wrote that shortly after she and her friends left Chili’s, three men stopped them to ask for their ID cards and mobiles and then forced them into a minibus similar to those that operate as shared taxis in Cairo. Souhaib and Omar were blindfolded and one of the men – who identified himself as an “officer” – asked Esraa to use her hijab to cover her eyes. When her headscarf proved too short, Souhaib took off his T-shirt and she used that instead.

    They were driven to Homeland Security headquarters, where she stayed for 15 days. Her blindfold was removed only at night, when often Esraa would ask for one light to be kept on so at least she would see something. “Day-long investigations, hearing voices and screams of tortured victims, men crying out loudly. Souhaib and Omar were taken away and I was alone. I was the only girl
    there,” she wrote. On her final day at Homeland Security, before she was moved to al-Qanater, she was interrogated for 18 hours.

    Esraa wrote another letter on 28 July. At times, it makes her she come across like a giddy teenager, joking that it is terrible to be stuck in an all-women’s prison as: “Everyone who knows me well knows that most of my close friends are guys. Do you know how tragic this is? J” She describes a cosy companionship with her cell mates (they eat crisps and drink chocolate milk together) but also the hardships: the cockroaches, the heat, the rationed bottled water and the tap water that smells like sewage and gives her skin infections, her worsening mobility, the boredom, the harassment from the “criminal” inmates. She seems to oscillate between dejection (“Sometimes I think, ‘Why do I eat? Why should I still survive?’”) and defiance, quoting the Egyptian activist Mahinour El-Masry: “We don’t like prisons but we’re not afraid of them.”


    On 16 June – the day before Duaa caught sight of Esraa – Omar and Souhaib were spotted in Tora, a sprawling prison complex on the outskirts of Cairo. It wasn’t until 10 July, however, that their lawyer, Mohamed Elbaker, learned of the charges against them in a ministry of defence video that named Souhaib and Omar as part of “one of the most dangerous terrorist cells” of the Muslim Brotherhood and alleged that they had been arrested at their organisation’s headquarters.

    Souhaib is shown confessing to purchasing a pistol later used to kill a police officer, and to giving protesters fireworks to throw at security forces. You could easily fail to recognise him. His nose and lips are swollen, he is pale and he seems confused. Elbaker says that his client was tortured for ten days before filming.

    I met Elbaker in the discreet, unmarked office of Adalah, an organisation he helped set up to represent victims of torture and students in detention. It moves every few months to avoid police raids. Elbaker wore a striped polo shirt and had a long, square beard; at the top of his forehead he had a zabeeba, or “raisin”, a patch of darkened skin that is worn down by Islamic prayer. He reeled off a list of his affiliations – a group called the Costa Salafis, which holds interfaith discussions at branches of Costa Coffee, and the Strong Egypt political party, which was founded by a reformist former leader of the Brotherhood – but said that his greatest political commitment was to human rights. It was 1 August and Elbaker told me that he was trying to record officially the torture used against Souhaib and Omar. Souhaib still had marks on his body but Omar, who did not appear in the ministry of defence film, was in a worse condition. He still could not lift up one of his arms and he was suffering from urinary problems as a result of being repeatedly electrocuted.

    The use of torture by national security forces in Egypt has been documented by Amnesty, Human Rights Watch and local rights groups (the Egyptian government periodically refutes their findings). New arrivals at a prison or police centre can expect what is commonly referred to as a haflat al-tashreefa (“welcoming party”), in which guards beat them up. My discussions with lawyers and rights groups suggest that the torture taking place in state security or military intelligence buildings is more systematic: detainees are often blindfolded and may be beaten, suspended from the ceiling, electrocuted, burned with cigarettes or raped to extract a recorded confession.

    To be transferred from national security detention to prison is like “going to heaven”, Elbaker says, because it brings with it an end to this torture. Still, Omar’s and Souhaib’s struggle is not over. Unlike Esraa, they are facing a military trial. Their case now falls under the jurisdiction of the ministry of defence, not the justice ministry, and their judge (though fully trained) will be a military official.

    A presidential decree of late 2014 has facilitated an increase in the use of military courts against civilians in Egypt. Halim Hanish, who is also representing Omar, described working on a military case as “a hundred times more difficult” than working on a national security case. Lawyers can’t bring their phones into court, so they can spend hours waiting around, unable to contact their colleagues or other clients, and are searched on their way in. Sometimes, they can’t take pens or papers inside. He ­remembers that once a lawyer was forced to take off his shoes and socks in case he was hiding paper in them.

    Other than Souhaib’s filmed confession, the Egyptian ministry of defence has not made public any evidence in support of its accusations. The men’s lawyers say that they have not been allowed to see the prosecution reports. Both Souhaib’s and Omar’s fathers had affiliations with the Muslim Brotherhood – Omar’s was killed by security forces at a Brotherhood protest in August 2013 – but their lawyers and families insist that they do not share their fathers’ views and are not members of the group. Everyone I spoke to about Omar described him as fundamentally uninterested in politics – as Hanish, who knows him well, put it: “If you meet Omar for an hour, he will spend 45 minutes talking about food.”

    Souhaib was different; he took to the streets to protest in 2011 and frequently after that. But his brother, Osama, told me that Souhaib worked on the presidential campaign of Strong Egypt’s leader, Abdel Moneim Abul-Fotouh. This suggests that Souhaib is critical of al-Sisi’s government but unlikely to be a member of the Brotherhood. The problem that Omar and Souhaib now face, however, is that the military video will now form the basis of the case against them. They are, in effect, guilty unless proven innocent.

    When those who were forcibly disappeared emerge again, they must navigate a legal system that is already mobilised against them. The terms of their detention violate international as well as Egypt’s domestic laws. Egyptian law contains specific provisions banning the use of torture, requiring that detainees receive adequate medical attention and specifying that individuals may not be held in police custody for longer than 24 hours without charge.

    Souhaib’s detention has caused him the additional complication that he ended up missing sessions of the Jazeera trial. When he finally did appear in court on 29 June, he tried to tell the judge why he had been absent, explaining that he had been held in secret detention for 15 days and tortured. The judge cut Souhaib off, saying that he could register a separate complaint if he wished but the information was irrelevant. On 29 August, Souhaib was sentenced to three years in jail in the Jazeera case – but the other charges against him are so serious that this news barely mattered to him.

    Ezzat Ghoneim and Mohamed Sadek, lawyers with the Egyptian Co-ordination for Rights and Freedoms, told me that they tried to file a case at Egypt’s highest court, the court of cassation, to force the prosecutor general to investigate the disappearances. Their case has been rejected several times and they are currently appealing the decision. Neither is feeling optimistic. Those who defend the disappeared do so at great personal risk. In February, a lawyer died at a police station after being tortured. “We face harassment all the time. We always work in fear,” Halim Hanish told me. But last year, Souhaib’s bewildered and devastated father, Sa’ad, who had worked for many years as a metalworker, decided to enrol in law school. He has completed his first year of studies now and spends his evenings hunched over his books. If it’s too late to help his son, he reasons, he might yet be able to offer counsel to others.


    The last time that I met Duaa el-Taweel was on 1 September, three months after Esraa’s disappearance. We chatted in Esraa’s bedroom, sitting on her floral bedspread, surrounded by her bright-coloured cuddly toys. A month earlier, Esraa’s beloved cat, Woody, had three kittens and Duaa had named them Esraa, Souhaib and Omar.

    Duaa’s and her mother’s routine now revolves around their weekly visits to al-Qanater prison. They always bring her favourite foods, such as kofte and pizza – and deliver messages from Omar and Souhaib. It can take two weeks for the notes to arrive but they have helped the three friends keep up their old banter. Esraa jokes about how she, unlike the boys, has a bed. Omar writes that he can’t imagine Esraa in jail as she’s so pernickety about food and she replies that he’s not exactly tough, either.

    Every week, Esraa tells her sister that this might be her last visit: perhaps next week she’ll be free. Then another seven days pass and Duaa makes the trip again.

    Sophie McBain is a New Statesman contributing writer

    Sophie McBain is a freelance writer based in Cairo. She was previously an assistant editor at the New Statesman.

    This article first appeared in the 24 September 2015 issue of the New Statesman, Revenge of the Left