EOHR issues its report” When will the crime of torture stop?”

March 11th, 2009 by Editor

 

Egyptian Organization For Human Rights (EOHR) issues its report entitled” When will the crime of torture stop?” which deals with monitoring and documenting the reality of torture crime in Egypt. In addition, it deals with the typical cases that have been monitored on torture and ill-treatment inside police stations and places of detention, cases of death resulting from torture, and also documents these cases through the live witnesses contained in the records of investigations and medical reports.   

 

EOHR monitored 56 typical cases for torturing citizens inside police stations, including 13 death cases which  EOHR is sure that the death was due to the torture and ill-treatment. Also there have been 25 persecution cases and arbitrary detentions since June 2008 till February 2009.These cases are only a limited sample among hundreds of other cases received by EOHR. Also at the end these cases are only an indication for the prevalence of torture phenomenon in police stations and the failure of legislation to stop, follow and punish perpetrators.

 

In this regard, the report of EOHR includes the following sections:

 

First section: the legislative framework that organize the crime of torture in Egypt.

 

 This section deals with most important international covenants ,the Egyptian Constitution and the Penal Code which convict the crime of torture.

 

   

 Second section: bringing out some ideal cases for death cases , torture, detention, prosecution and ill- treatment which have been monitored by EOHR since June 2008 till February 2009.    

 

 

Third section: this part deals with an analytical reading for torture phenomenon in Egypt during the period from  1993 till 2009, besides pointing out some charts which clarify the extent of torture phenomenon during the past years and the reasons for the spread of it.

 

 

Fourth section: EOHR’s efforts to stop the phenomenon of torture and to give awareness of its seriousness.

 

 

Fifth section: conclusion and recommendations

 

 

 

The report ends with a set of recommendations as follows:

 

1- The necessary to take into consideration the bill which was previously proposed by EOHR in 2003 to amend some articles related to torture in the penal code and the law of criminal procedures which focused in the following:

 

– The torture crime in the Egyptian law and its amendments in accordance with the international covenants to include the definition of torture crime according to what stated in the Convention against Torture which was ratified by Egypt in order to face the phenomenon of impunity. 

 

 – Toughening the punishment against  those who commit crimes of torture

– Confirming the victims’ right to bring the criminal case immediately against those who committed the crime of torture. The bill  exclusively includes amending articles 126, 129 and 280 of the penal Code and article 63 and 232 of the criminal procedures law.

 

2. The necessity of the Egyptian government ratifying the two statements indicated in articles (22 and 21) of the Convention Against Torture which allows the Committee Against Torture at the United Nations to take decisions concerning the complaints, related to Egypt‘s violation  to its obligations provided in the Convention.

 

3. Issuing  a new legislation to stated  the right of the civil prosecutor to make an immediate plea before the criminal court for crimes of violating personal freedom .

 

 

4. Immediate investigation on the reports sent by organizations and individuals concerning  abuses subjected by  detainees in prisons and detention places.

 

 

5.  Increase the number of training and cultural sessions for police officers, particularly the officers working in criminal investigations. These should be on how to deal with detainees in police stations, including respecting the citizens’ humanity, their fundamental freedoms that are provided them in the constitution and international human rights instruments.

 

6. Place defined controls and measures to monitor the performance of police officers, particularly in the investigation departments. These measures should be independent of to reach the perpetrator in crimes they are investigating.

 

 

 

7. Stating the  organizations working in the field of human rights and cooperation with them. There should also be investigation into all their reports and to submit them to the Attorney General and the Minister of the Interior and provide information and the results of the investigations to them. 

 

8.  Immediate criminal procedures should be taken against those accused of committing crimes of torture and unlawful detention and they should be transferred for immediate trial.

 

 

 

9. The necessity of the Attorney General’s Office to undertake periodic investigations into police stations and detention places to become acquainted with the legal matters of the

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