When will the crime of torture stop?

March 11th, 2009 by Editor

Introduction:

    

The phenomenon of torture is considered the most heinous crimes which violates the human dignity and privacy, this crime violates the right to life which is one of the most absolute sacred rights.

  

It can be said that the international covenants concerned with human rights has given a special importance for this phenomenon and aimed at developing such a convention to combat it namely: the Convention against Torture of 1984. However, we find that this phenomenon spreads rapidly in the Egyptian structure especially in the existence of death cases resulted from torture practices inside prisons and police stations.

   

Going a head from The Egyptian Organization for human rights(EOHR)interest to deal with this phenomenon ,  it issues a report concerning this crime from time to another. EOHR issued this report” When will the crime of torture stop?” which monitored 56 typical cases of torturing citizens inside police stations during the period from June 2008 till Feb 2009 including 13 death cases due to torture and ill treatment, besides 25 cases of persecution and arbitrary detention.

 

The following table shows the cases of torture and death cases monitored by EOHR during the period from 1993 to December 2008. 460 torture cases and 167 death cases are monitored and  EOHR suspected that the reason for the death is due to  torture and ill treatment .

        

 

 

year

Death cases

Torture cases

1993

6

29

1994

10

33

1995

15

23

1996

7

24

1997

7

20

1998

21

24

1999

10

31

2000

10

13

2001

7

14

2002

12

12

2003

13

45

2004

22

42

2005

17

34

2006

7

30

2007

3

40

2008-2009

17

46

Total

167

460

 

  

The report shows –depending on the cases of torture monitored by EOHR- that most of torture cases and ill treatment inside police stations were occurred  after the arrest and before transferring to the competent prosecution this in order to force them to confess  with specific crimes . Torture is not only practiced against detentions , but it  is against families of victims to force them to tell news and information on their relatives or their places or to oblige wanted suspects to deliver themselves as well . Also the report monitored some torture cases without any clear reason.

  

The spread of this  phenomenon is due to a set of aspects as follows:

  

First: The legislation failure.

 

The penal code No. 58 1937  includes several legal articles which provides a favorable environment to spread terrorism crime as follows:

 

 

- Article 126 of the penal code provided that “Every employee or official who gives order to torture a suspect or did this action by himself to oblige the suspect to confess, he will be sentenced to penal servitude or 3-10 years imprisonment, if the victim died the perpetrator is sentenced to the stated punishment for premeditated murder”.

 

 

We find that this article doesn’t provide the adequate criminal protection for human right to mental and physical safety. It faces just only the torture case going on the suspects to force him to confess. If torture is committed by public official –according to the concept of Article 126 – against another person or against the suspect  during investigation , the article is not applied in this case, however the natural criminal rules are applied. Also this article doesn’t conform with the provisions of the international convention against torture ratified by the Egyptian government in 1986 and became part and parcel from its national legislation according to article 151.

  

 If we read the first provision of article 1 of the convention against torture and what has been mentioned in article 126 of the Egyptian penal code, we find a wide difference between the two provisions. The provision of the penal code gives a narrow definition for torture crime the matter which leads to the impunity. However as for the provision of the convention against torture , it provided that” For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining information or confession,  or punishing the suspect for an act he or a third person has committed  

 

According to article 126,  it satisfies with punishing public official who committed torture crime , however it doesn’t punish those who motivate or approve or conspire on torture or to be silent on the crime . So We find Article 126 of the penal code comes to treat just only one case, namely the responsibility of the public official on torture to suspect to force him to confess, so it doesn’t criminalize other small officials such as soldiers and police guides who committed torture. So the moral torture is driving out from the scope of article 126 which supposes that the physical torture only contradicts with the concept of torture stated  in the International Convention against Torture.     

  

 - Penal Code provides guarantees for perpetrator  to escape from punishment as it stated a comical sanctions not adequate to deter him. Also article 129 provided that” Every public official and every person charged with public service uses cruelty depending on his position as he causing pain or prejudice the honor, he sentences to  not more than 1 year imprisonment and a fine of not more than 200 L.E

  

- Article 63 of the penal code comes to impose more protection to the public officials as it is stated that “There is no crime if it is committed by public official according to an issued order from his boss or his intention is good and committed an act according to what laws ordered” 

  

- Article 282 lifted the sanction of physical  torture crime to the level of felonies if the arrest was illegal accompanied with threat with murder, or through physical torture by instruments  . So the punishment should be thicken    in the last case as representatives of the executive authority commit this crime on the base of their position and power. 

 

- Articles No. 126-282 are not providing any protection for mental or psychological safety of individuals from public officials deeds . It is not considered a torture – according to article 12- such deeds inflicted upon other persons from suspect’s family to force them to confess or threat others.

 

Also it is not considered a torture crime such  long investigation for suspect or shedding  brilliant light during sleep or the use of sensory influences or hearing suspects such pains sound or noise  repeatedly,  as a result of torture, or the words of insults and slander or to use the blindfold or cuffs all the time or the threat of oppression or murder except that  if the arrest was illegal, however  if the arrest was legal ,it is not considered a torture crime according to article 282.Also the prevention of food or cloth or keep the detainee in a separate cell where his physical and mental health is affected.          

  


Second: The confiscation of applicant  with civil right in the direct litigation or civil litigation against public officials or providing the legal protection for perpetrators.

  

The second paragraph of article 232 of  the code of criminal procedures gave the right to every civil plaintiff to bring his suit by charging his foe directly  to attend before the court, however the article exclude suits raised against public officials or one of)police men) with a crime committed during his duty. This is a breach of the principle of equality to set justice among individuals in rights and provide such protection to police men at the expense of freedoms and rights . Also Articles 162,210 of criminal procedures code  banned the applicant with civil right to appeal  to the issued decisions taken by the investigation judge or public prosecution with no right to bring suit against public official or one of police men for a crime committed  during their duty.  

 

Third: the broad powers of police officers.    

 

The Egyptian legislator gave the police officers a  wide powers to enable them to do their tasks, however he breached the legal guarantees for the suspects during investigations. In this framework, article 102 of police law No. 109 -1971 which stated that” Police man is allowed to use power to do their duties if it was the only way to do their tasks. This article opens widely  the door to use power without controllers .  Article 23 of criminal procedures code added that” Police officers, corporals, constables and heads of police stops are judicial officers  in their competence district . This article determined such tasks undertaken by police officers and their bosses in searching for crimes and perpetrators and to collect evidences needed for investigations. The law provided police officers several powers including the arrest power and the right to write reports  for them.

These wide competences, in case of not abide by limits determined by the law, will lead to harmful results on the personal freedoms.    

        

In this regard, EOHR confirms that most of violation cases occurred in police stations return to either because of the misuse of these powers or due to gabs in law itself. Also the arrest is considered one of the most dangerous procedures provided to police officers, however article 34 of criminal procedures law provided police officers – exception from red-handed case- the power to arrest suspected individuals ,the law registered this exception   under the condition of the existence of adequate evidences that this person committed a crime, whatever these crime are misdemeanor or felony which penalty  extend to 3 months. However, EOHR thinks that “adequate evidence” expression is an elastic expression without controllers.

 

In this regard, the report of When will the crime of torture stop?”  comes in the framework of the permanent EOHR’s campaign to combat torture crime in Egypt and penalize the perpetrators, improve citizens treatment and respect their rights and freedoms inside police stations and other places for detentions .

 

EOHR aims at  becoming aware of the magnitude of the phenomenon and to urge the government to take a serious steps whether legal or practical to limit the escalation of torture crime in accordance with the constitution and international covenants concerned with human rights and to bring those responsible persons to justice and to take into account the legal guarantees to protect the right of detainees to physical, mental and psychological safety stated in the international covenants on civil and political rights and the convention against torture and other conventions, declarations and international recommendations concerned with human rights.

 

 

The report divided into the following:

  

First section: The organized legislative  framework for torture crime in Egypt.

 

It deals with most important international covenants, Egyptian constitution and penal code  related to torture crime

 

Second section: Typical cases

 

It deals  with some  typical cases for death rate, torture, detention, persecution and ill treatment monitored during the period from June 2008 till February 2009.

 

Third section: Conclusion and recommendations

 

First section: The organized legislative  framework for torture crime in Egypt.

 

 

The international covenants paid much attention to this crime  as the provisions of   international conventions for human rights such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights and the Convention against Torture include several articles which give an attention to the crime of torture and the way to control it.

 

One of these provisions, Article 3 of the Universal declaration of human rights approved by the General Assembly of the United Nations in 10th of December

1948: which stated ” Everyone has the right to life, freedom, and personal security”. Also Article 5 ” No one shall be subjected to torture or to cruel punishment or inhuman or degrading treatment “. Also article 7 of the international covenant on civil and political rights approved by the General Assembly of the United Nations on 16 December 1966 “No one shall be subjected to torture or to cruel punishment or inhuman or degrading treatment. As well as article 10 “All individuals deprived from their freedoms shall be treated with humanity and with respect for their dignity “. Article 12 of the convention against torture stated that ” Each State Party shall take legislative or administrative measures  or any effective judicial or other measures to prevent acts of torture in any territory under its  judicial jurisdiction”,  and article 12 which provided that” Each state party its competent authority carries out a fair and quick investigation as long as there are logic reasons for believing that one of torture deeds is committed in any region under its jurisdiction”.

 

Also article 13 ” Each State Party shall ensure that any individual alleged to have been subjected to torture in any territory under its jurisdiction the right to submit a complaint to the competent authorities and that the authorities consider this situation as a matter of urgency and should take the necessary steps to ensure the protection of the complainant and witnesses of all ill- treatment or intimidation as a consequence of his complaint or any evidence given”.

 

Also article 15 provided that” Torture is no longer an acceptable justification to get a confession as any confessions through  torture is considered wasteful and unreliable”. Article 13 of the Geneva Convention of 1949, also criminalized the violence that affects the person’s life or safety …. especially cruel treatment, torture or abuse of dignity, in particular humiliating and degrading treatment.

 

As for the Egyptian legislations, we can say that the Egyptian Constitution includes several articles to criminalize this crime such as article 40 of the constitution which provided that” Citizens are equal before the law and equal in rights and duties, there is no distinction on grounds of origin, sex, language or creed. Article 41 of the constitution provided ” Personal freedom is a natural right and guaranteed and inviolable, except for red-handed case , no one may be arrested or searched  or subjected to restrictions by any means or prevented to move except only by order to achieve society maintenance and security issued by the competent judge or the public prosecution according to the provisions and the law only determines the period of provisional detention”.

 

Also article 42 of the constitution provided that “Every citizen arrested or detained or imposed by any restrictions has to be treated in a manner that keep his dignity, he may not be detained in such places not controlled by laws issued to organize prisons”.

 

 

Article 57 of the constitution provided that” Every attack committed against the personal freedoms or citizens’ privacy and other rights and public freedoms guaranteed by the constitution is considered a crime which doesn’t drop neither criminal nor civil litigation with prescription and state guarantees a fair reparation”.

 

As for domestic laws level, the Egyptian penal code doesn’t set a definition to torture crime, however it listed a set of laws and established a legal framework to protect citizens from torture, such as the Penal Code No. 58 of 1937 , as article 126 of the penal code criminalized the torture of citizens to force them to confess , the article provide that ” Every public official ordered to torture suspect to force him to confess , will be sentenced to penal servitude or from 3 to 10 years  imprisonment , and  if the suspect died he will be sentenced to the sanction stated for premeditated murder.

 

Also article 127 of the penal code criminalized the arbitrary use of sanction which provided that” Every public official or responsible individual used cruelty depending on his position so that he violates the honor or assault individuals , be sentenced to not more than 1 year imprisonment and a fine of not more than 200 L.E”.    

 

Article 282 also stated that” Provisional Penal servitude will be a sentence  to whom threat  or torture a person without a legal right .  

 

Second section: Typical cases

This section deals with some typical cases for death, torture, detention, persecution and ill treatment which were monitored during the period from 1/7/2008 to 30/2/2009 and documented by lawyers of the field unit at EOHR.

 

 Death cases (13 cases)

 

The first case: Ali Nasr Al Din Ali Mahfouz – Al Gharbia governorate

 

Ali  was detained in Al Mahala police station  as he was accused in a case. On 4/6/2008 at 4:00 noon her mother went to the police station to meet her son , during her attempt to meet him she  heard him calling for help . She went to the source of her son’s voice to find him very sick  . Ali told his mother that he was subjected to torture and assaulted  by police officers in the police station  . He asked her to submit a complaint to the prosecution . When she had returned back to the police station at about 8:00 PM  with a lawyer , she informed that his son hanged himself  and died . She charged chief of police station and police officers with the death of her son.   

 

 The second case: Atef Al sayed Ahmed Ibrahim –Port Said governorate

 

On 13/12/2008 at about 10:30 AM , the mentioned man was arrested during his existing in his house by police corporal called Fouad and a soldier called Ibrahim , he was led to Port Said police station , he was confined in a room  affiliated to investigation unit of the police station.  On 15/12/2008 at about 7:00 AM Atef’s family surprised by one of individual of police station informing them that their son died after he hanged himself . His corpse was transferred to Port Said hospital where his mother noticed that he wears clothes different from the clothes he arrested with . Also she found an injury  and wound as a wide line down to his chin and a wound in the nose and bruises in different parts in his body the matter which led to arouse doubts that there is a criminal suspicion in the fact of his death.   The family submitted a report to port said prosecution accusing police commissioner and investigation chief of torturing his son till death.

 

The third case: Mervat Abdul Satar – Menya governorate

 

On 8/10/2008 Mervat’s family surprised by  a force of Samalout police station  burst into the house led by police officer called Ahmed Anwar , chief investigation , Ahmed Abu Al Ezz , Ahmed Kamal Abdul Aziz , officers and Mohamed Antar – Khalaf Fathy , Gad Mohamed Younis.  The police force searched the house and destroyed its contents as a pretext to arrest brother of her husband called Shaaban Sayed riad. When she had tried to ask about prosecution permission to search the house , police officer called Ahmed Abu Al Ezz bat her  with hands above her head and with legs in her stomach and she was pregnant .  As a result of this offense the mentioned fell over the stairs which led to her death.

 

Fourth case: Mohamed AL Sayed  Said Al Daqahlia

 

On 22/10/2008 Mohamed’s family surprised by a force of  Sherbin police station  broke in the house as they began to search the house and destroyed its content . The mentioned force arrested the mentioned force and the family asked the force about prosecution permission to search the house , the officer asked them to be silent . On 23/10/2008 when the family went to the police station , they surprised by the mentioned man hanged from his hands .

 

On 25/10/2008 Mohamed told  his family that he will be submitted to the night prosecution , so his family waited him from 5:00 pm to 11:30 pm as they surprised with one of police individuals asked them to carry the mentioned man from the police station , the mentioned was very sick and tired and transferred to Sherbin hospital where he died . The family discovered that there are several injuries in his corpse as follows:

 

 -Severe swelling in the wrists

-Severe   swelling at the bottom of the ribs , approximately 20 cm in the back also in the stomach area.

-Severe swelling in the penis and testis

- Hemorrhage of the eye, nose and mouth.

 

The fifth and sixth case : Abdel-Wahab Abdel-Razek – Yahya Al maghraby/ Aswan Governorate

 

The event returned back to 22/11/2008 at about 12:00 pm , as a force from drug office at Aswan led by Mohammed labib , police officer, went to  Al Sail area where citizen Abdul wahab Abdul Razik (40)lives . The mentioned force broke into his house as a pretext to arrest a citizen called Mamdouh, drug dealer, as the force believed that he disappeared in the house of the first mentioned man . Shiek Aref Siam, uncle of the first mentioned  man informed that the force knocked on Abdul Wahab’s door who opened a small window in the door to see the prosecution permission , then the force released fire on the door and burst into the house and destroyed its contents . They assaulted his family (mentioned wife – mother – nieces).the mentioned is tied with chains and transferred to Aswan hospital which put the corpse in the reception as the family objected to put it in the morgue and informed the prosecution which decided to transfer the corpse to forensic medicine. Abdul Wahab’s  family gathered around the hospital to protest against the death of Abdul Wahab.  

 

As a result of that crowd, the police forces surrounded the area and released tear gas bombs to disperse the crowd which led to the death of yehia Al Maghrabi (59 years)as a result of inhaling the gas used by police forces to disperse about 2000 demonstrators in Aswan.

 

EOHR knew that the security forces surrounded a number of areas  in  Aswan for the next day using the tear gas bombs to disperse the crowd the matter led to the death of Abdul-Wahab Abdel-Razzak and several injuries received treatment in hospitals in Aswan.

The seventh: the eighth – ninth – tenth: Saad Odeh Soleiman – Rubaa Hamid Abu Singer – Ahmed Salim Gomaa – Marwan Jamil Salem – Arish governorate:

 

The event of this case returned back to what mentioned by representative of EOHR in the north of Sinai on 10/11/2008 .When a force of police security had inspected the area , they surprised by a car penetrated the security motorcade . The police released fire on the car which exchanged fire with the force the matter which led to the death of  Saad Ouda Soliman . The police force arrested another citizen called Mohammed Soliman Hassan.

 

 

EOHR’s procedures

 

 

On 24/2/2009 EOHR   submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  to investigate the fact of assault and to work on urging the forensic doctor to prove his injuries.

 

 

 

 

II: cases of persecution (25 cases)
First case: Ahmed Naji Mahmoud Hafez
Governorate of
Cairo


On
30/4/2008 at approximately 1:30 AM , Ahmed’s family surprised by  a force of State Security breaks into the house to arrest Ahmed, student in faculty of Engineer –Ain Shams university. The mentioned is still in custody till the date of submitting the complaint to EOHR.

 

 

 

EOHR’s procedures

 

On 2/5/2005 2009 EOHR   submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  to release the man.

 


Second case: Jihan Aboul-Nasr Mohamed
 Cairo Governorate

 

 

Jihan has a son called Ahmed Hassan Mohamed who was sentenced to 3 years imprisonment as he was accused in such a case and released on 1/4/2008 , however he didn’t attend the appointment of his monitoring in Al Zaitoun police station.

 
Gihan since that date suffered from persecution by members of Al Zaitoun police station representing in breaking into her house at different time illegally. Also she was subjected to insult and abuse and the threat to fabricate cases and detaining her for 24 hours in the police station. On
29/7/2008 at about 4:30 pm a force broke into her house including 5 individuals assaulting her and the threat to fabricate cases for her.

  

She submitted a report to the prosecutor general of Al Zaytoun prosecution No. 1173 on 2/8/2002 and another report to the Minister of Interior No. 1562 on 2/8/2008.  

 

 

EOHR’s procedures

 On 3/8/2008 EOHR   submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  to investigate into the event of assault committed against Gihan.

 


Third case: Mohamed Sayed Abdul Nabi
Giza Governorate

On 11/11/2008 at about 12:00 AM Mohamed was surprised by a force of Mansh’t Al Kanater  police station broke into his  house led by ( Ali Hassan –Tamer-Hamdi), police corporals. The force arrested Mohamed and took him to the police station illegally as he subjected to many violations as follows:

 

-         beating with hands and feet in different places in the body

-         subjected to insult and abuse from security and police corporals inside the police station.

 

Mohamed was confined at the investigation room till he was transferred to Imbaba prosecution as he was surprised that he was accused of trafficking in drugs (57 grams of Bango plant) in case No. 65555 -2008. the mentioned informed the prosecution that he always subjected to constant persecution committed by police corporal called Ali Hassan as there is a dispute between him and Mohamed’s father . A number of cases are fabricated as a result of this dispute including case No. 157-2006 as he accused of possessing ( white weapon ). Also Mohaned is always suffering from continued threat and fabricated cases.

 

 EOHR’s procedures

 On 13/11/2008 EOHR   submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event of fabricating cases illegally.

 

 The fourth case: Mahmoud Mohamed Farahat

Giza Governorate


On 19/2/2008 at about 1:00 PM Mahmoud was arrested before his house as a result of a quarrel among a group of individuals , when Mahmoud tried to settle the quarrel, he surprised by a force of Al Omrania police station led by Ahmed Al Nawawi – Mohamed Imbaby, officers took him to the police station where he subjected to insult and abuse.

  

Mahmoud was subjected to the public prosecution on 1/3/2008 which decided to release him. When he returned back to the police station to receive his belongings and some private papers, he didn’t find his mobile and some private papers.

 

 EOHR’s procedures: 

On 5/3/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

  

Fifth case: Goda Mahmoud Abdullah
Ismailia governorate

 
On 7/7/2007 at approximately 3:30 PM Goda was surprised by a force of Al Tal Al Kabeer arrested his nephew called Mahmoud Ahmed Mahmoud 17 years illegally as Goda submitted a complaint to the prosecution of Al Tal Al Kabir against the officials in the  investigation department of Al Tal Al Kabir police station accusing them of damaging the car of Goda’s brother. As stated in the complant, Goda is being subjected to persecution to be forced to disclaim.

 

 

EOHR’s procedures:

 

 

On 1/8/2007 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures and  to take the necessary measures to investigate into the event.

 

 
The sixth case: Hala Mohamed Abdul-Hamid
Sohag Governorate


On
7/3/2006 Hala leased an apartment in her building to an officer called Mohamed Abu Zaid in Sadfa police station. The officer refused to pay her the monthly rent value, so she brought suit against him No. 365 -2008 to abolish the contract related to the apartment the matter which let this officer to persecute Hala to force her to disclaim. 

  

The officer had already assaulted and threaten her, so she submitted a report to the prosecutor general of Sohag prosecution under No. 364-2008 accusing the officer of assault and threat.

  

EOHR’s procedures:

 On 7/9/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

The seventh case: Al Sayed Saber Abdul Wahab
Dakahliya governorate 

 

On 20/8/2008 the family of Saber was informed by his colleagues that saber was confined in Mansoura police station illegally, as the family went to the police station to visit him , however their tries were in vain. The family submitted a request on 4/8/2008 to Al Mansoura chief prosecution to investigate into the event.

 

EOHR’s procedures:

 On 22/8/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

The eighth: Imam Ibrahim Imam
Al Menoufia governorate

 Imam is suffering from persecution by police officers of Koisna police station  as they always persecute him and threat to  fabricate cases in case of not working with them as police guide.

 

  According to what has been stated in the complaint, Imam had worked as a police guide, during 2004 he refused to go ahead and continue working as a guide, so they fabricated a case for him and was sentenced to 3 years imprisonment.

 

   

The ninth case: Said Mohamed Hassan Al Nashawy     
 
Cairo governorate

 

 

On 1/9/2008 at about 10.30 PM , a force of Artistic works investigation – Masr Al Kadima police station . This force led by Mazen Abdul Shafy, officer broke into Said’s house illegally, it destroyed the contents of the house and confiscated “Satellite receiver” . Several days later, Said was surprised by his accusation in case No. 18101-2008.

 

 

EOHR’s procedures: 

On 3/9/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

  

 

The tenth case : Hussein Ashraf Ashour
Dakahliya governorate

 

 On 24/8/2008 at about 10:00 AM , a force of investigation of judgments execution – Dekernes police station led by Mohamed Safwat, officer, in the frame of searching for Hussein’s uncle called Hussein Ashour Ashour as there is a decision issued against him , the family surprised by the force taking a sucker baby who didn’t exceed a year and a half and detaining him to 9 hourse till he returned back again to his family.

 

 

 

EOHR’s procedures

  

EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

 The eleventh case: Ahmed Younis Hussein Al-Banan

 

Dakahliya governorate
On 13/8/2008 at about 9:00 PM Ahmed was surprised by a two persons from Al Manzala police station beating him with hands and feet and with wooden stick to 15 minutes as Ahmed said , then they took him to the police station illegally as he wasn’t released till afternoon 14/8/2008  

 

 

EOHR’s procedures:

 

On 18/8/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 


The twelfth case : Ahmed Mohamed Rashid Abu Wafa – Atef Sayed Shaaban

 

 Cairo governorate:
On
27/7/2008 at about 3:00 AM a force of state security investigation – Nasr city arrested Ahmed and Atef and other 13 individuals . On 21/8/2008 the 13 individuals were released except Ahmed and Atef.

 

 EOHR’s procedures:

 

On 29/7/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

 The thirteenth case : Mohamed Abdul-Hamid Abbas
Cairo Governorate

 

Mohamed was surprised by a police corporal called Al Sayed Hassan insulting him, then the police corporal sent two other police corporals to take Mohamed to Nabil Salim , officer, who asked police corporals to insult and beat Mohamed as follows :

 -         He was beaten by hands and feet in different places in his body.

-         He was tied with iron chains from his back.

 

 EOHR’s procedures

 

 

On 10/6/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 
 The fourth case: Hassan Abdul-Hafiz Sayed
 
Cairo governorate

Hassan is physically handicapped since his birth, he worked as a waiter in a café in El Hegaz square. On 23/7/2008 during his work, Hassan was surprised by a force of Al Nozha police station asking him about the owner of the café, the force arrested him after insulting him as he was taken to the police station till he was released in the next day.

 

 

EOHR’s procedures

 

 

On 25/7/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

  

The fifteenth case : Nady Mahmoud Khalifa Melegy

Giza Governorate


On
5/3/2008 at approximately 8:00 PM during Nady taking his car to his house in Al Manshia Road, he was surprised by a person ridding a motorcycle wearing civilian clothes asking him to show his ID. He informed him that he is a police man from Al Badrashine police station, he arrested him and took him to the police station where he was beaten by hands and feet by one of police corporals called Ahmed Al Far with other two individuals in the police station , he was confined in a room in the second floor illegally as he also was prevented to go to the bathroom and the investigation officer asked Nady to bring a firearm to the police station to be released without writing reports against him. On 6/3/2008 at about 11:00 AM he was released.

 

 

EOHR’s procedures

 

On 7/3/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

The sixteenth: Ahmed Naji Mahmoud Hafez

Cairo  governorate  


On
30/4/2008 at approximately 1:30 Ahmed’s family was surprised by a force of state security investigation breaking into the house as it arrested Ahmed and he is still under detention.

 

 EOHR’s procedures 

On 5/1/2008 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 
The seventeenth case : Maged Mohammed Abbas
Cairo  governorate

 
On
17/6/2008 Maged was surprised that he was arrested by electricity investigation as Maged works as an employee at the electricity distribution  company – Maadi nets.  

He was taken to electricity investigation office where he subjected to insult by Nabil Salim, officer, then he was transferred to Helwan police station as he was confined to 7 hours before transferring him to the public prosecution. When he had transferred to the public prosecution, he released as there is no legal reason to arrest him.

 

EOHR’s procedures 

EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

  

The eighteenth case : Mohanad Negm Abboud
Giza Governorate

 

In 2006 Mohanad and his wife, Iraqi nationality,  came to Egypt to stay in. On 13/5/2008  he was surprised by his summon by state security office in Giza . According to what has been stated in the complaint, he is still absent till now.

 

 

EOHR’s procedures

 EOHR  submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 The nineteenth case : Abdul-Latif Abdel-Maksoud, Ali Ghoneim

 

On 8/6/2008 Abdul Latif was confined in Al Santa police station till Wednesday 11/6/2008 without any reports written against him , also there is no any judicial decisions issued against him as he described.

 

EOHR’s procedures

On 10/6/2008 EOHR submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

Twenty case: Mohamed Alaa El Din Mohamed
Cairo governorate

Within 2001 Mohamed was accused of murder case as he was sentenced to 7 years imprisonment. On 23/7/2006 he was released after he spent three quarters of the total period. After his release, he married and gave birth, however, he always suffer from persecution by Karem Mahmoud, police corporal Al Nahda police station as he always insult and search him whenever he was seen.

 

 

EOHR’s procedures

 EOHR submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

Case No.21: Atef Ismail Sayed 

Kaliobia governorate   

 

On 23/6/2008 Atef’s family was surprised by a force  of Banha police station breaking into the house and destroyed the contents of it, then the force took him to Banha police station . he was detained illegally to the next day , he was released after chief of investigation department forced him to sign two certificates of deposition in trust as he described.

 

 EOHR’s procedures :  

On 25/6/2008 EOHR submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 case No. 22: Rasha Kamal Mostafa Abdul Megid

 Al Kalioubia  governorate

 

 On 16/10/2008 a force of Shubra police station led by Ahmed Samir, police officer,  broke into Rasha’s house illegally . when Rasha had asked about the reason of the existence of police force or prosecution permission, she was surprised by the officer insulting her . Rasha submitted a number of complaints to the responsible bodies . Also she submitted a report on 20/10/2008 to against the officer under No. 12008-2008 .

 

On 23/11/2008 Rasha was surprised by the same officer with a group of police corporals arrest Rasha’s brothers called Reda Kamal – Adel Kamal illegally . They were transferred to the public prosecution office in the next day as they were accused of drug trafficking.

  

EOHR’s procedures

 

 

18/10/2008 EOHR submitted reports to both of Attorney General  and Minister of Interior to take all the legal procedures  and to take the necessary measures to investigate into the event.

 

 

 

Case No.23 : Mohamed Ahmed Abdul Naby Alam

 

Cairo governorate

 

Mohamed suffers from continuous persecution by police officer called Emad. The persecution is represented in

Breaking into his house continuously by the officers and some individuals of police department including Mohamed shalbi, ahmed Abdul Nabai, police corporals who assaulted all members of the family as they also threaten with fabricating cases for Mohamed and his son as there is a previous hostile between Mohamed’s son and the officer.

  

Case No. 24: Sohir Ibrahim Khalil Abdul Megid

 Sohir suffers from investigation chief of Tanta police station called  Mohamed Fathy. On 4/5/2008 the officer broke into the house and smashing the door of the house and assaulting Sohair’s sons.

 

 Case No. 25: Reda Abu Al Yazid- Amal Abu Al Yazid :

 

 

Both of Reda and Amal are suffering from a police corporal called Hashim khamis Ramadan – al laban police station as he assaulting them to force them to sell their house manipulating his power.

 

 

The above mentioned submitted a complaint to Alexandria security division under No. 417 -9/7/2008   and another complaint on 10/10/2008 for public prosecutor for Alexandria west prosecution under No.3503 -2008 , also he submitted a report to Al Amria police station under No. 74G on 14/11/2007, he submitted a report No. 8 G on 31/5/2008 and another one No. 13667 G on 1/6/2008, and a nother one No. 2 Amria Status on 25/9/2008. he was surprised that he was accused in case No. 10655-2008 Amria as he was sentenced to one month imprisonment.

 

 Conclusions and recommendations:

  

EOHR Takes care of – Since its establishment in 1985 until now – the phenomenon of torture as it put it at the forefront of violations which are being monitored, through holding seminars and workshops with experts and specialists in the field of human rights. These seminars  aim at raising the public awareness of the extent of torture  crisis  and come up with recommendations to limit the spread of it and produce an integral document on the legislative failure in the field of combating torture and punishing its perpetrators and the preparation of a bill to  amend the national legislation for dealing with the crime of torture. 

 

In 2003 EOHR released its campaign for combating torture which showed that  torture is based on a systematic plan the matter which require a legislative attitude to combat it.

 

EOHR has issued its annual reports since 1989 which include recommendations to the Egyptian authorities in order to take the necessary measures to stop the phenomenon of torturing citizens inside police stations.

 

EOHR  had submitted three reports to the Committee against Torture of the United Nations in Geneva, and the latest joint report with the International Organization Against Torture (OMCT), which submitted in 2002.

 
As well as annual reports, EOHR has issued about (19) qualitative report on torture in prisons and police stations, which dealt with monitoring and documentation the legislative framework which organize  the right to life and not be subjected to torture or cruel, inhuman or degrading treatment, besides the documentation of violation cases as follows:

 

1. Torturing  Iron and Steel workers detained 26/8/1989
2. A series of arbitrary arrests for opinion prisoners
30/9/1989
3. Torture of detainees pending the investigation of  Shiaa organization
1/10/1989

4. Torture in Egypt 1/11/1990
5. Ill-treatment and torture in police stations
20/11/1990
6. Torture prominent Egyptian poet
2/4/1991
7. Torture in the camps of the Central Security Forces
10/12/1992
8. Crime without punishment: Torture in
Egypt 25 / 12 / 1993
9. Citizens without the enthusiasm
24/10/1994.
10.
28/4/1998 Belqass tragedy.
11.
12/9/1998 closed doors.
12. Kosheh village collective punishment of citizens
28/9/1998
13. The phenomenon of torture between trespassing  and the crisis  of proof .
14. The third millennium started  and the crime of  torture does not stop in
Egypt, 30/1/2000.      
15. Legal protection for the perpetrators of crimes of torture
19/3/2001.
16. victims Without rights
5/3/2002.
17. Torture is a crime that must be stopped
16/4/2003.
18. undeterred crime 2004
19. Torture is a crime against humanity … Stop torture .26/6/2008

 

  EOHR through its report No. 20 under the title of(When will the crime of torture stop?) submitted a set of important recommendations to the Egyptian authorities to take the necessary measures to ensure the cessation of torture and ill-treatment of citizens in police stations as follows:

 

 

1- The necessary to take the bill which had already been proposed by EOHR in 2003 to amend some articles related to torture in the penal code and criminal procedures code which focused on the following aspects:

 

 

-Torture crime in the Egyptian law and its amendments according to the international covenants in order to include the definition of torture crime according to what stated in the convention against torture which was ratified by Egypt in 1986 to combat the phenomenon of impunity.

 

-         Thickening the punishment against perpetrators of torture crimes.

 

-         - Giving the effect to the right of victims to file a criminal lawsuit against perpetrators of torture crimes. The bill include exclusively the amendment of articles 126, 129, 280 of the penal code and articles 63, 232 of the criminal procedures code. 

 

 

2- The Egyptian government has to ratify the two declarations referred in articles 21-22 of the Convention against Torture, according to these declarations the committee against torture in united nations can make a decision on the submitted complaints from such individuals concerning Egypt‘s commitment stipulated in the convention .

 

 3- Issuing a new legislation that confirm WHAT SO CALLED “conclusion civiles (the right of civil applicant) ” to litigate directly before criminal court in the crimes of assaulting personal freedom or privacy of citizens.

 

 

4- The immediate investigation by public prosecution in the submitted reports from individuals and institutions concerning such assaults which detainees face inside prisons , besides the continued search by public prosecution on police stations and places of detention and control instruments used in torture.

    

 5 – Increase the number of training and educational courses for police officers, especially officers working in the Criminal Investigation on how to deal with detainees in police stations to ensure respect fundamental freedoms guaranteed by the Constitution and international covenants on human rights.
 

 6 – Setting controllers and  specific rules to monitor the performance of police officers and private detectives in investigation departments.

 

 

7 – The recognition of organizations working in the field of human rights and cooperate with them and investigating all reports submitted by them .


8 – to take immediate criminal measures  against those who accused of crimes of torture and illegal detention and brought them to trial immediately.

 
9 – Public prosecution has to perform a continued search for police stations and places of detention to identify the legal status of detainees.

 

 

 

 

 

 

 

 

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