In the framework of terrorism combating observatory, EOHR Condemns the Bomb Blast In front of Al-Hussein Mosque

February 23rd, 2009 by Editor

 

The Egyptian Organization for Human Rights (EOHR) expresses its deepest condemnation on Sunday’s  bomb blast occurred in front of Al Hussein Mosque which killed  a French tourist and injured not less than 20 others of different nationalities.

  

EOHR confirms that these savagery explosions are considered a gross violation to the right to life which is guaranteed by the Egyptian Constitution and the international covenants which requires the organs to strengthen its strict security procedures and to pursuit the perpetrators of the bombings and to bring them before justice, however it is necessary not to expand the random detentions for citizens without reasons or torturing suspects, because such a strategy will lead the country to  a wave of violence and counter-violence.

  

In this regard, EOHR expresses its deepest worries that this incident will prompt the government to speed up the issuance of anti- terrorism law the matter which leads to legalize the state of emergency and anti terrorism law becomes a corresponded  copy from the emergency law. So the state of emergency  will lasted forever in a time that the country  is looking for abolishing it  and returning back to the constitutional legitimacy.

    

In the respect of the seriousness and repercussions of these bombs, EOHR calls the government for the following:  

1- It is not necessary to speed up the issuance of anti terrorism law, the Egyptian legislation is not in need of a new law to combat terrorism as there is already an existing law, namely : law No. 97 /1992.

 

However, if the government wanted to issue a new law to combat terrorism, it should primarily depends  on achieving  a balance between human rights protection and terrorism combating and the fair trial standards provided  by Article (14) of the International Covenant on Civil and Political Rights

  

These standards are represented in the following:  

1) Equality before the judiciary.
2) Publicity of trial.
3) The independence and impartiality of the courts.
4) The presumption of innocence.
5) Providing time and facilities to prepare a defense
6) The publicity of issued verdicts.
7) granting the accused the right to call witnesses for the defense with  the same conditions of prosecution witnesses.

8) The right to appeal against the issued decisions before a higher court. 

  

In the same time, the government should abide by the declaration of Berlin issued in August 2004, which includes several commitments imposed on the country to protect human rights in the course of combating terrorism , the implement of Security Council resolution No. 4561 ( 2003) and 11624 ( 2005) and the UN General Assembly Resolutions No.57/219 , 58/187 and 59/191 which provided that” Combating terrorism is a legitimated right for each state”. However, terrorism combating should be carried out in the frame of respecting human rights and that any  deprivation from the freedom must be consistent with the rules of the international law. Despite that  the Security Council and the UN general Assembly admitted the importance of terrorism combating, they remind with the state’s commitments to respect all procedures to combat terrorism in accordance with the international law particularly the international instruments related to  human rights, refugees and humanitarian law”.

  

2- Reviewing Article(179)of the Constitution as it will legalize the state of emergency to be a constitutional state the matter which leads to violate rights and basic freedoms which is inconsistent with the Constitution which must be free from of any provisions that detract the protection specified for human rights.

  

3-  The state of emergency may be declared in the case of actual war and disasters for a limited period under accurate conditions and real monitoring of the legislative power.    

4 – Establishing and strengthen democratic values and principles of human rights in the Egyptian society and the release of public freedoms and eliminating  restrictions imposed on political and partisan work to deepen the democratic practice. Also releasing the freedom of civil society organizations and to free them from imposed restrictions in order to support the values of political participation and public freedoms.  

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This entry was posted on Monday, February 23rd, 2009 at 10:37 am and is filed under Statements. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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